Sanger, CA asked in Probate for California

Q: My sister who fraudulently claimed the title on our family home recently passed away

and I need help brother in law (non-relative) is trying to steal our family home of 61 years?

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2 Lawyer Answers
Howard E. Kane
PREMIUM
Answered

A: Since your sister is now deceased, the probate court may be able to reverse the fraud assuming ample paperwork is submitted to establish the fraud. Call me or another seasoned probate and real estate attorney for a consultation and to gather more information so this can be sorted out.

James L. Arrasmith
PREMIUM
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Answered

A: I'm very sorry about the loss of your sister and this difficult situation with your family home. This must be an incredibly stressful time for you, dealing with both grief and property issues.

In California, if your sister obtained the title fraudulently, you may have grounds to challenge the property transfer through legal action. You'll want to gather all documentation showing your family's original ownership, any paperwork related to how the title was transferred to your sister, and evidence of the alleged fraud. Keep in mind that California has strict statutes of limitations for real estate fraud cases, so timing is important.

Your first step should be to contact a real estate attorney who handles title disputes and probate matters. They can review your case details, explain your legal options for contesting the title, and help protect your interests during any probate proceedings. You might also want to file a formal complaint with the county recorder's office and consider requesting a temporary restraining order to prevent your brother-in-law from selling or transferring the property while you pursue legal remedies.

You may also benefit from reaching out to California's Adult Protective Services or local legal aid organizations, as they often assist with elder abuse and property fraud cases.

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