Q: I DISCOVERED CONTRACTOR AND SIBLINGS WERE WORKING TOGETHER TO GET INSURANCE CLAIM. LOWERED PROPERTY VALUE
7/1/2019 MOVE IN DATE THEY HAVE BEEN PROMOSING TO FINISH REPAIRS AND STOP COMMUNICATION AS OF JAN 2023 AFTER DEMAND LETTER . I DISCOVERED INSURANCE FRAUD, WITHHELD FUNDS, THEFT, MULTIPLE MODIFICATION OF CONTRACT SENT TO MORTGAGE WITHOUT KNOWLEDGE. WE WERE TOLD INSURANCE ONLY PAID 124K FOR REPAIRS AND 19K FOR PERSONAL PROPERTY LOSS . TO MY SHOCK THEY COLLECTED OVER 400K , MY SISTER STOLD THE 19K A DAY OR 2 AFTER MY MOM CASHED THE CHECK TO BEGIN REPLACING WHAT WE LOST. SHE STOLD IT FROM HER BEDROOM CLOSET BUT WE COULDNT PROVE IT. THEY ILLEGALY FWD CORRESPONDANCE TO THEIR BUSINESS TO KEEP THE DISBURSE FUNDS/COMMUNICATIONS TO MORTGAGE/INSURANCE. NOW WITH MY MOM PASSING 7/14/ MY SISTER TRYING TO SELL THE HOUSE TO GET MORE MONEY EVEN AFTER SHE DECIEVED OUR MOM TO SIGNING OVER THE PROPERTY OR SHE WOULD LOOSE HER INSURANCE . SHE WAS MENTALY ILL PROMISING HER TO Pay the mortgage if she signed and she not once help with payments nor property taxes
A:
From the details provided, several potential legal issues arise under California law.
First, insurance fraud is a serious offense and could expose those involved to both civil and criminal penalties.
Similarly, theft and conversion of funds, if proven, can lead to significant consequences.
Regarding the modification of contracts without knowledge or consent, this can be deemed as fraudulent representation or even forgery. If your mother was deceived or manipulated into transferring property, particularly while mentally ill, it may be possible to challenge the validity of such transfer based on undue influence or lack of capacity.
Given the complexity of the issues and potential crimes involved, it is crucial to consult with a local attorney with experience in real estate, probate, and potentially criminal law. They can provide specific guidance and outline the necessary steps to protect your rights and interests.
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