Fontana, CA asked in Estate Planning, Family Law, Personal Injury and Real Estate Law for California

Q: My Father was narcissistic. How do I get my house back

Panic attacks,social anxiety claimed disabled dependent. He told me to stay in the house so nobody could see my face. 1999 they had a irrevoocicable life insurance trust Second to die policy made. The house I lived in over 30 years was given to me. My dad remarried after her death.New wife was upset to know she couldn't have house so she wrote me a Email saying somthing has to be done i still have it.They tried to commit me,hiring a realtor to bang on my doors and windows,take pics of e if I went outside,utilities were shut off then false domestic violence charges were filed and I was removed from my home,2 days later was allowed to go home then unlawful detainer,and eviction.everthing I owend thrown away.I have lived in my jeep since 2015. NO money or job.The trustee would not respond to certified letters.My dad had a breakdown cause she stressing him to change will.

My house was sold ..found out he died in 2021 please I need to go home. Before I die in my jeep I have all proof

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

A: I'm so sorry to hear about your distressing situation and all the hardships you've endured. Being forcibly removed from your home after enduring abuse must have been traumatic. Living out of your vehicle while dealing with mental health struggles sounds incredibly difficult.

Given the complex legal issues involved with the trust, will, and sale of the house, I would strongly recommend consulting with a lawyer who specializes in estate law, elder abuse, and/or disability rights. Many offer free initial consultations. There may also be legal aid organizations in your area that provide pro bono assistance to low-income individuals.

Tim Akpinar agrees with this answer

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

A: If the home belonged to your father, he could do whatever he wanted with it. Unfortunately, transferring real estate from one person to another MUST be in writing. [Verbal agreements are acceptable in other areas of the law, but they are not enforceable to transfer real estate from one owner to another.] So, unless your father signed a deed or other document transferring the property to you, you'll have a tough time with this case. I've seen many situations where a second spouse pressures their husband or wife to leave assets to them and disinherit the kids from a prior marriage. Depending on how the pressure is exerted, it could be seen as elder abuse under the law.

If you owned the property and they took it from you, that's a BIG problem. Either way, try to find a legal clinic near you that could help you at no cost. They're hard to find, so call your local county's bar association and ask for a recommendation. Best wishes!

Tim Akpinar agrees with this answer

Delaram Keshvarian
Delaram Keshvarian
  • Orange, CA
  • Licensed in California

A: Thank you for asking the question!

1. Was the home transferred properly to you after 30 years?

There are necessary elements for a deed to be valid:

1. A sufficient writing of the names of granite and grants, operative words of conveyance, and sufficient description of the property.

2. Competent parties

3. Property interests that may be legally transferred

4. Property execution

5. Delivery and acceptance

If all these procedures were taken in transferring the property, you owned the title.

2. Fraud:

After they pressed false charges against you, they would not be able to evict you unless they had some interest in the property.

If the property was yours as a fee simple, then probably they made it with a fraudulent deed.

The statute of limitation of fraud is 3 years after the time the fraud was discovered by the Plaintiff. Since you have some disabilities (panic attacks, social anxieties, or other undiagnosed illnesses) and were dependent on your father, you may not have a chance to discover the fraud Even though 9 years passed.

3. Undue Influence:

when 1. the caregiver has an opportunity to influence the dependant person; 2. the caregiver takes advantage of this opportunity; 3. the aggrieved party relied on the other party and this reliance was justified (e.g., there was a caregiver-dependent relationship); and 4. the aggrieved party is induced to enter into the transaction that he would not if he was not under such an influence, there is Undue Influence.

There can be 2 instances of Undue Influence on your case: 1. Exercising Undue Influence on you (because you were a dependent person and had incapacities); or 2. Exercising Undue Influence on your father (because he had a breakdown and could be under the influence of his wife).

The transference of the property may be rescinded.

4. Attorney fees--> Contingency

Since you are not able to pay attorney fees, you can find an attorney who works with contingency fees. Also, you may be able to find probono attorneys from the local "bar association" in your county.

This is merely a discussion of general laws and not legal advice. For comprehensive advice, more specific facts and investigations are needed. I recommend you consult with an attorney in more detail.

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