How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Attorney2020 Your Own Question
Attorney2020
Attorney2020, Attorney
Category: Estate Law
Satisfied Customers: 2578
Experience:  Estate planning and wealth preservation attorney.
63724254
Type Your Estate Law Question Here...
Attorney2020 is online now
A new question is answered every 9 seconds

At age 14 my mother with my consent used my inheritance to

Customer Question

At age 14 my mother with my consent used my inheritance to purchase a house on a pre-foreclosure. I resided in that home for 40 years. She did not transfer title to my name when I reached majority. A year ago she fell victimm to undue influence signed escrow papers in blank. The conspirators duplicated another set from the 1st set and electronically transferred two parcels of real property from our family trust and fraudulently transferred ownership/title to themselves without any monetary exchange and the "alleged" sale was half the fair market value. On 2/26/14 two grant deeds were executed for the two properties, the alleged "funding" took place AFTER escrow closed and there are no original documents with wet signatures. On October 1, 2014 my daughter and I were evicted from our residence through an unlawful detainer, which I do not believe fell in the category to be heard in a UD arena. Probate court has a stranglehold on the case and continues to delay litigation. Without a declaration of capacity my mother was apponted a temporary conservator although I am successor trustee and designated conservator. Now they all of sudden terminated the temp conservatorship and dismissed the conspirator who stole my home WITH PREDJUDICE, without a hearing or any sort of notice.
Submitted: 1 year ago.
Category: Estate Law
Customer: replied 1 year ago.
Note: I was designated conservator and 1st sucessor trustee and the court continuously ignores my mother's wishes as per the trust and appointed non relatives, private fiduciaries, conservators (with an inadequate bond of $6,000 on a multi-million dollar estate) and has never attempted to inquire as to the possib ility of the remaining three named successors in the trust.
Expert:  Attorney2020 replied 1 year ago.

You must appeal the judgment immediately. Consult with a local appellate attorney to appeal this judgment ASAP. By appealing, you can set aside the dismissal and have your day in court to prove the allegations.

I hope that helped. Please ask an follow-up questions. Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation. Thank you.

Customer: replied 1 year ago.
Can you give me the citations and/or case law to support the appeal?
Expert:  Attorney2020 replied 1 year ago.

What state?

Customer: replied 1 year ago.
California. My daughter who was 17 at the time was also abducted, concealed, threatened and held against her will for 6 months, transported over state lines then abandoned on a beach at night two-hours away from our residence. The defendants intimidated my mother and extorted money from her on a weekly basis.I can't understand why this case isn't in the federal court rather than this predatory probate court
Expert:  Attorney2020 replied 1 year ago.

Here are the appellate court rules in connection to your appeal: http://www.courts.ca.gov/documents/title_8.pdf

I hope that helped. Please ask an follow-up questions. Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation. Thank you.

Customer: replied 1 year ago.
Im sorry, but that did not answer the question. I had asked about case law and/or points of authority, that support the cause of action for filing an appeal
Expert:  Attorney2020 replied 1 year ago.

I'm sorry but what you're asking for is someone to provide you with a legal memorandum for your appeal without any review of the records or facts in connection to your appeal. What I provided you is te procedural aspect of staring an appeal.

I hope that helped. Please ask an follow-up questions. Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation. Thank you.

Expert:  Attorney2020 replied 1 year ago.

I hope that helped. Please ask any follow-up questions. Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation. Thank you.

Related Estate Law Questions