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N Cal Attorney
N Cal Attorney, Attorney
Category: Estate Law
Satisfied Customers: 9084
Experience:  Since 1983
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My brother 's died last November. Only had one daughter.

Customer Question

My brother 's died last November. Only had one daughter. His home was paid for and it was rented to his girl friend's. When my niece decided to take possession of the home. She was told that her father gave him the home. This was not the case. What can she do?
Submitted: 6 months ago.
Category: Estate Law
Expert:  N Cal Attorney replied 6 months ago.

Thank you for your question.

Do you have a copy of the deed to the property?

Did the decedent leave a Will?

Customer: replied 6 months ago.

Yes, but my niece also found a deed on line with the name of my brother's girlfriend's son. It also had my brother's signature. He filed the deed in January 2016.

My brother loved his only daughter and he had told me that he was leaving her his house. THE RENTER was in the house for less than a year and my brother had paid for a new air conditioner and other items because his he wanted her to have a property move in ready.

My brother had cancer, and died quickly after a few chemo therapy. He told me that he had also placed her name in the deed.

Somehow his caretaker (girlfriend) made them disappear.

When my brother moved in with her he cleared his home for her some put everything in storage. She did not give my niece the key and will not talk to her now.

Expert:  N Cal Attorney replied 6 months ago.

Why would he deed it to the son and if he did, why would the girlfriend be paying rent?

Have you gone to the County Recorder to check the official deed records?

Customer: replied 6 months ago.

My niece did go to county records and that is how she found out that the guy made up a deed with his name

They are not paying anything because the house was paid off a few years ago. He forged my brither's signature.

His mother was my brother's girlfriend's and she kept all of my brother'so personal papers. She is also involved.

Expert:  N Cal Attorney replied 6 months ago.

Has anyone filed a probate case yet?

Customer: replied 6 months ago.

I believe it is beingredients done this week.

Expert:  N Cal Attorney replied 6 months ago.

Do you have a copy of the Will?

Expert:  N Cal Attorney replied 5 months ago.

Have you been able to get a copy of the Will?

Customer: replied 5 months ago.

No she did not find a will

Expert:  N Cal Attorney replied 5 months ago.

My opinion is that the daughter needs to file a probate case and can file an action to unglue the fraudulent deed as part of that case.

She can get a free consultation from some of the probate attorneys listed by location here.

Please have her follow up on this with a local attorney.

I hope this information is helpful.

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