My oldest brother faulsaficated the deed to my mothers house sold it and distributed the money umongs themselves.

Asked over 1 year ago - Fresno, CA

there is of course more, to all this,he took over my parents house and lived there for 4 yrs, and did not pay the mortgage on the house, My parents did not owe nobody or had debts. I used to care for them. He shut me out of her home. There is of course More Personal Property est.30,000-50,000 still unacounted for besides the house sold at 185,00 and her bank accounts, I have been told he only distributed the Money in three.

Attorney answers (3)

  1. Albert Siu

    Contributor Level 7

    5

    Lawyers agree

    Answered . Your situation sounds very serious. Forgery of a legal document such as a deed is considered a criminal offense in California under the Penal Code. Many Realtors, notaries, loan brokers, and other scam artists have gone to jail for such offenses in recent years due to the real estate housing boom and bust. If a handwriting experts determines the deed was forged, the sale by your oldest brother could be considered a fraudulent conveyance and the entire transaction may be undone. You should immediately consult with an attorney specializing in identity theft, real estate, and/or probate for advice. You may also wish to contact the property crimes division of your local district attorney's office for assistance as well.

    Choosing the right attorney in a particular matter is an important decision that requires personal interaction... more
  2. Matthew Erik Johnson

    Contributor Level 17

    3

    Lawyers agree

    Answered . You should visit a local probate attorney and go over the details. You may be able to open a probate yourself and probate the assets. Then you can deal with the issue regarding the home and other property.

    Matthew Johnson phone# 206.747.0313 is licensed in the State of Washington and performs bankruptcy, short sale... more
  3. James P. Frederick

    Contributor Level 20

    3

    Lawyers agree

    Answered . Very tough situation. Assuming you can prove all of the allegations, you could open an estate and file a petition with the court to compel a recovery of the assets that he misappropriated. Presumably, the other siblings will side with your brother and fight you on this. It will take a very good probate litigation lawyer to assist you and it is likely to be a long and expensive battle. You could win and then find that your brother has spent all the money and is not collectible. On the other hand, he may have very ample assets and you *may* be able to sue for exemplary damages. In Michigan, someone who converts estate assets can be liable for up to triple damages. If CA has a similar law, (assuming that is where the estate would be), then it could certainly be worth going after. Of course, your damages would apparently be 1/4 of the value of the estate, (since it appears it was split 3 ways and should have been 4).

    I would review all of your facts and evidence with a probate litigator to determine whether it makes sense to go forward.

    Best of luck to you!

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and... more

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