Fontana, CA asked in Elder Law and Family Law for California

Q: My dad was put in a nursing home my brother sold his property without my fathers consent what do i do ?

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1 Lawyer Answer
James Edward Berge
James Edward Berge
  • Elder Law Lawyer
  • San Jose, CA
  • Licensed in California

A: There's nothing you can do assuming your brother had the legal authority to sell your father's house. In other words, if he had a durable power of attorney from your father which authorized him to sell the house or he was acting as the trustee of your father's trust which owned the house and had the power to sell the house, your father's consent would not be needed before your brother sold the house. The only one with legal standing who could be heard to complain about the sale would be your father. If he's competent and has given someone authority to sell his house, he cannot complain when someone sells his house. If he's incompetent, perhaps a probate conservatorship might be needed.

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