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CALawyer
CALawyer, Lawyer
Category: Family Law
Satisfied Customers: 1655
Experience:  California Family Law Attorney
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my daughter and her husband helped us find a home close to

Customer Question

my daughter and her husband helped us find a home close to all our children. I gave her a check for $72,000 plus 5,000 plus 2,000 totaling $79,000. They said they found us house. I paid for all upgrades in the new home. Brick fence, drapes, appliances, etc. My husband passed away and NOW i found out that the house in not in my name at all. It was put in my daughters TRUST. I have been told now to move and not receive a dime of my intial investment not to mention that I put over 50,000 of my own money into the house. Yard, everything thinking that it was mine and my husands house. Do i have legal rights to the house or can i get my money back or put a lien on the home? I have my canselled checks that they cashed but i don't have legal papers on the house because we are older and trusted my daughter.
Submitted: 5 years ago.
Category: Family Law
Expert:  CALawyer replied 5 years ago.
What state is this in?
Customer: replied 5 years ago.
I live in Las Vegas, Nevada
Expert:  CALawyer replied 5 years ago.
Is that where the home is located?
Customer: replied 5 years ago.
The home is also located in Las Vegas, Nevada. It hasn't been sold but it being rented.
Expert:  CALawyer replied 5 years ago.
I would contact an attorney in the Las Vegas area right away.

When someone pays for a home, but it gets put in another's name that can create what is called a "resultant trust." If this was established by the evidence, a court would find that the daughter is holding the property in trust for your benefit.

There are also a number of other legal theories that could give you an interest in the home, or the right to recover money from the daughter. Fraud would be one (ie. the daughter misrepresented what she was going to do and effectively stole the money.) Another cause of action would be financial elder abuse. There are many other legal theories under which you may be able to sue and win as well (constructive trust, quiet title, partition), but in order to determine which ones are most likely to success you will need to have a consultation with a lawyer who can meet with you personally and review all the facts and necessary documents.


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Customer: replied 5 years ago.

i know i could contact an attorney but they all want thousands of dollard to take my case.

Can i do this on my own? file a civil case of some kind? I just want my original money back. they have the house in their name and trust and i have to live with my other daughter and no money left in my savings to help me bridge the gap between what social security sends me and the costs of living. One attorney wanted $50,000 and said that the family courts "don't like this type of cases" i gave up after that but it continues to get harder and harder to live knowing that my daughter is renting the house.

Expert:  CALawyer replied 5 years ago.
You could certainly do it on your own, you are allowed to file a suit on your own behalf and prosecute it by your self. You can go to your local law library and get all the forms you would need to file the case, the law librarian's are helpful with finding what you need.

I'd be suprised if you couldn't find an attorney to take the case with a $3000 to $4000 retainer, or even have one to just write a letter or two to the daughter for a few hundred.

As far as other options, you might consider contacting the Senior Citizens Law Project at(NNN) NNN-NNNNas they can usually provide free or low cost help with financial and other elder abuse cases, if not, they may be able to refer you to someone who can help.


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Customer: replied 5 years ago.
i'm 74 years old but this was my life savings and now without my husband i'm on my own. i just want back what was my life savings. i will try and call the number you suggested and i will possibly pursue filing my own case. with it being that dollar amount is it a small claims case or what type of case is it.
Expert:  CALawyer replied 5 years ago.
It would be an ordinary civil suit, not a small claims.

You might also talk to Elder Protective Services. I don't have their number off hand, but they may be able to help you get through to the daughter without filing a lawsuit. They investigate this type of financial abuse (it can be considered criminal too) You should be able to find them in the phone book.



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CALawyer, Lawyer
Category: Family Law
Satisfied Customers: 1655
Experience: California Family Law Attorney
CALawyer and 2 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
thank you maybe with the help of my other daughters this will work. i really really appreciate your help. if i am sucessful in even getting back half of my life savings i will pay you back more.

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