Q: HOW DO I GO ABOUT PROVING THAT THE SALE OF REAL ESTATE BELONGING TO MY COUSION THAT PASSED AWAY, WAS NOT LEGALY VALID,
THE PROPERTY WASNT ADDED IN PROBATE. SO PROBATE DIDNT APROVE SALE. PLUS WHEN THE BUYER TRANSFERD PROPERTY THE LISTING AGENT NOR THE BUYER SUBMITED A STATEMENT OF FACTS OF DECECT OWNER, AND THE LAWYER HIRED TO REPRESENTED US , MISREPRESENTED EVERYTHING TO HIS BENIFIT . THE CIVIL CASE FILED A LIS PENDAS WAS RECORDED WITH ONLY HIS LAWYERS NAME ., AND MY COUSIN SIGNATURE IS IN DURESS . WHEN I ASKED FOR NOTORIZE JOURNAL, I WAS DENIED
A:
To challenge the legality of a real estate sale in California, especially in a situation involving probate and potential misrepresentation, it's essential to gather and present clear evidence. If the property wasn't included in probate, documentation proving this omission is crucial. Official records from the probate proceedings can support your claim.
In cases where you suspect misrepresentation by an attorney or issues with the transaction, such as a lack of a Statement of Facts regarding the deceased owner, gathering all relevant documents including the sale agreement, communication records, and any filings related to the sale is important. If you believe your cousin's signature was obtained under duress, evidence supporting this claim, such as witness statements or correspondence, should be compiled.
It is also advisable to request the notary's journal regarding the signing of important documents. If denied, this could be a point of contention to raise in your legal challenge. For these complex and sensitive issues, it is advisable to seek guidance from a legal professional who can thoroughly review your case and provide specific advice on the best course of action. They can assist in navigating the legal system and ensure your interests are effectively represented.
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