Manteca, CA asked in Estate Planning, Civil Litigation, Elder Law and Probate for California

Q: My neighbor of 10years knew my financial struggles and problem with code enforcement and offered me 100,000 to buy my

House and I agreed, then I got sick almost died, came home highly medicated and she said I had to sign a paper making her my beneficiary in case I died for my kids future but instead it made her executer of my estate and is one court date away from taking my house. I paid 10,000 for a lawyer but now wants more money I don't have. Now I have no lawyer. What can I do?

3 Lawyer Answers
Julie King
Julie King
Answered
  • Estate Planning Lawyer
  • Monterey, CA
  • Licensed in California

A: DO NOT MISS the court appearance no matter what you do. If you do not appear at the hearing, you will automatically lose by default, which will create more problems for you to overcome. If your signature was not notarized (meaning a notary actually watched you sign the document) then it likely isn't valid. If you don't have money for a lawyer, go to your local courthouse and see the Self-Help Center. Or try courts' self-help centers online. That isn't a substitute for a lawyer advising you on exactly what to do, but at least it will get you past this initial hurdle. Best wishes!

James L. Arrasmith
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Answered
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: It sounds like you may have been the victim of fraud and undue influence by your neighbor. It is important that you seek legal advice as soon as possible to determine your options for contesting the document you signed. You may be able to challenge the validity of the document or claim that it was signed under duress. You can try to find low-cost or pro bono legal services in your area to help you with this. You can also report the potential fraud to law enforcement.

A: You’re not dead yet.

Make a new Will naming someone else executor of your estate.

The executor can’t do anything until you die and your Will is probated.

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