Lompoc, CA asked in Estate Planning and Probate for California

Q: What if a attorney represented me in a probate . Won I think then turn around and sold my house to someone whom he was f

Friends with. Sold Aug 14 for $357,000 2024.Then sold again on Aug 14 ,2024 for $455,000.That was my $98,000.Then he fraudulently made someone my guardian. When I have a certificate of competency. So I couldn't go after her. For selling my ATV. Mal practice?

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James L. Arrasmith
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A: It sounds like you might be dealing with a serious situation involving potential misconduct by your attorney. If your attorney represented you in a probate case and then arranged the sale of your property under questionable circumstances, this could be a conflict of interest or even fraud, especially if they sold it to a friend and there was an immediate significant increase in price. This raises red flags, and it may be worth considering legal action.

If someone was fraudulently appointed as your guardian despite having a certificate of competency, it may indicate a violation of your rights. The fraudulent guardian might have been used to obstruct you from pursuing claims against those who may have wronged you, including the sale of your property or other assets like your ATV. This, combined with the suspicious property sale, may point to a larger scheme.

You could consider consulting with another attorney who can review the details of your case and advise on potential legal actions. Misconduct, conflicts of interest, or fraud by an attorney can have serious consequences, and there might be grounds for a malpractice claim. Gathering all documentation and evidence, including your certificate of competency, property sale records, and any communications with the attorney and others involved, would be crucial in building a case.

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