Posted by Sailor on November 12, 2005 at 18:45:23:
Your MIL needs a GOOD attorney, pronto! If she was defrauded or is not competent, there is a slight possibility of recovery &/or prosecution. Yes, & concerned family members need to get educated so you can monitor the legal processes. You may even need to build a case to take to the district attorney. Note that you likely have both civil & criminal cases, but also that you have some long battles ahead. If you think there are problems now, they w/really multiple on the death of your MIL if her affairs are not properly prepared.
CAVEAT TO ALL: Unfortunately, the most likely prospect to defraud you is someone in your own family.
My mother-in-law entered into an Agreement of Sale with her son, a known con-man. She did not know what she was signing, she is feeble-minded, she is 76 years old. Is there some way she can get out of the Agreement? They purchased a property. Please help, she is 76 years old and is in the process of losing her home. I am afraid she put it up as collateral. She does not have a copy of what she signed, and he refuses to give her one. Is there some way she can obtain it? Please help.
If the document is recorded, she can get a copy from the County recorder, then bring it to an attorney. If the document is not recorded, she can execute a Deed to some other party, thereby ‘effectivelly’ invalidating the first Deed. I say effectivelly because the son in theroy could file a lawsuit to enforce his deed.
THANK YOU SO MUCH! At least now we can assess what she signed. Now, I read where you stated that if the document is not “recorded”. Why would an agreement not be recorded. If it has not been recorded, what can we do? I have no clue as to what is going on, but I am trying to help this poor lady. She has been duped too many times by her own family. Now, when you mentioned that she could execute a Deed to another party, how can we do that? I am a real idiot when it comes to this kind of stuff, and you have been so kind with your time and courtesies. Is there some way you can take me through this step-by-step?I should check if there is one of those books called “Real Estate for Dummies” or the “Idiots Guide to Real Estate”, as I have no clue = : - o Also, is there some way she can get out of what she signed? Is there some way that a trusted member of the family or an attorney can somehow gather control of her business interests, as three of her sons have duped her out of monies/property, and one nephew (the son of the con man) had her co-sign on a Mercedes, and now she is paying for it. Just recently, this same nephew called her (first time in three years) asking for her Social Security Number. Fortunately, she listened to me on that one. But this is the extent that they will abuse this poor woman. She needs for someone else to take control of her finances, as she clearly is not lucid enough to make her own decisions, and her sons are taking full advantage of this. I advised my mother-in-law to change her Will and state that all interests she has in any joint property be placed in the name of another party. Therefore, he does not get her interest by way of her death.
I GRATELY APPRECIATE YOUR TIME AND COURTESIES, and I look forward to hearing from you.
Posted by Brian (UT) on November 13, 2005 at 11:45:21:
Wanda
I don’t know what state your in but I would run down to the probate dept and find out as much as you can about conservatorships as quick as possible and put her finacial dealing into the hands of someone who can be trusted.
The filings are public information and if you review them you will likely find a name of a qualified lawyer showing up freqently, and give him/her a call.