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I am representing/speaking for my elderly grandmother who…

Customer Question
I am representing/speaking for...

I am representing/speaking for my elderly grandmother who signed over ownership of one her houses to my cousin who is her grandson, she says that she did not understand what was going on as she thought she was still part owner of the house and not that he was the only owner, is there anyway she can regain ownership of this property due to lacking common knowledge and understanding and she says that she was mislead, she is elderly hard of hearing and is not very literate in most situations.

Lawyer's Assistant: What steps have been taken so far? Has any paperwork been prepared or filed?

Nothing, as far as regaining the property back. But she signed paperwork at an office i believev like an office small bank like setting, The property is in his name and he has been paying the taxes yearly since this occurance, when she didnt recieve her tax papers the following year thats when she was aware that she did not own the property any longer

Lawyer's Assistant: Where is the house located?

Customer:***** Dos Palos Ca. 93620 Adjacent to the family largest home

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just that she feels mislead and WANTS to regain ownership of her property AT ALL COSTS.

Submitted: 5 months ago.Category: Legal
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Answered in 7 minutes by:
11/12/2017
Lawyer: legalgems, Lawyer replied 5 months ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 12,570
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Lawyer: legalgems, Lawyer replied 5 months ago

I am sorry to hear this;

financial exploitation of a vulnerable adult is unfortunately not uncommon.

Financial abuse is a criminal offense and is precluded by penal code 368; that is explained here:

http://dpss.co.riverside.ca.us/files/pdf/asd-sample-penal-code-368.pdf

Normally the Department of Social Services, Adult Protective Services will assist in the investigation as well as local law enforcement; please see:

http://www.cdss.ca.gov/Adult-Protective-Services

Section 15610.70 to the California Welfare and Institutions Code defines undue influence as:

excessive persuasion that causes another person to act or refrain from acting by overcoming that person's free will and personally benefiting from that transaction.

The main case on this can be viewed here

The court does have authority to void any such transactions but there are relevant time periods by which the suit must be filed and served so an attorney that specializes in elder financial abuse should be consulted immediately.

The statute is 2 years:

California Code of Civil Procedure §335.1

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Lawyer: legalgems, Lawyer replied 5 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
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