My mother and I were joint tenants in common on a deed to property since 2009. I resided and still do at the property.

Question

My mother and I were joint tenants in common on a deed to property since 2009.  I resided and still do at the property and am still covering the mortgage and all other expenses and renovations. One brother (I have two older) presented a trust AFTER my mom passed. The trust shows him as trustee to my mothers portion and I remain as 50%owner. Since the passing he has not contributed financially in any way and recently I found he has quick deeded the entire property to himself solely, leaving me off completely. I still reside in the property and am concerned he will try to sell it from under me. What steps can you recommend to prevent this and re-establish my ownership in the property?I had POA over my mother and she never mentioned but questioned that my brother would do something illegal which is why she added my name on the deed years ago to prevent this from happening. The assessors office also show my mother calling saying she had no knowledge of a trust.

James Clifton · Answer

If your name was on the deed, there is no way your brother could have legally removed you from the deed. If your mother's portion of the property was placed in her trust prior to her death, then your mother's 50% of the property is subject to the terms of the trust. If your mother did not put her 50% of the property in the trust prior to her death, she would have had to leave a will that states that the property goes into the trust for your brother to have control of your mother's 50%. There are many documents that need to be reviewed to provide a more definitive answer. Those documents include all deeds in the chain of title, your mother's will, if she had one, your mother's trust, and any probate documents filed after your mother's death. Schedule a free consultation so that a more accurate determination can be made as to your rights so that you can protect your property and your inheritance.

James L. Arrasmith · Answer

You should immediately file a complaint with the county recorder's office regarding the fraudulent deed transfer and consult with real estate litigation attorney, as this appears to be deed fraud. Since you held title as tenants in common and have documentation showing your 50% ownership, your brother cannot legally transfer your portion of the property without your consent - his quitclaim deed action is invalid for your share. 
 
Keep paying the mortgage and maintaining detailed records of all property-related expenses, improvements, and payments you've made since 2009. Gather any documentation showing your mother's statements about not creating a trust, particularly the assessor's office records of her call, as these will be crucial evidence. Your Power of Attorney status and your mother's clear intent to protect your interests by adding you to the deed strengthen your position. 
 
You should also consider filing a lis pendens (notice of pending legal action) on the property to prevent your brother from selling or transferring it while this dispute is being resolved. The courts take deed fraud very seriously, and with proper legal representation, you can protect your rightful ownership interest and potentially pursue damages against your brother for his fraudulent actions. Time is of the essence, so contact a real estate litigation attorney as soon as possible to begin the process of invalidating the fraudulent transfer and securing your property rights.

Q: My mother and I were joint tenants in common on a deed to property since 2009. I resided and still do at the property.