Can this be contested, what type of attorney would I need and can I press criminal charges on the person who did it? 24 Answers as of January 29, 2013

My grandfather just recently passed (1/13/2013) when looking over his estate I realized that his deeds were indeed switch about six weeks ago to someone else's name. When I look at the copies public record had online there were "x"s where his signature should be. About 3 years ago, the senior citizen home my grandfather was in, deemed him incompetent to make decisions and therefore I wasn't able to become his POA and that the person that committed him initially would hold temporary POA until his improvement but unfortunately he never did. In August we signed Grandpa to be a "DNR" hospital wise and since then he's only diminished more. Six weeks ago he was literally in his deathbed.

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Stephens Gourley & Bywater | David A. Stephens
To protest civilly you would want a probate attorney or litigator. You could also ask the police to investigate.
Answer Applies to: Nevada
Replied: 1/29/2013
Gates' Law, PLLC | Thomas E. Gates
File a motion in court to throw the deeds out.
Answer Applies to: Washington
Replied: 1/29/2013
Huddleston Law Group, LPA | C L Huddleston
If your grandfather was determined to be incompetent, he did not have the requisite legal capacity to execute a deed, no matter how he signed it. It is not uncommon for bad folks to try and change around the affairs of a dying person.
Answer Applies to: Ohio
Replied: 1/28/2013
Frederick & Frederick PLC | James P Frederick
You need a probate litigation attorney. You would need to open a probate estate and have a personal representative appointed in order to try to "recover" the property for the estate. This is almost certainly not a criminal matter, but you would be able to sue in probate court. Signing with an "X" is not a problem. It depends on all the facts whether your grandfather had capacity or not, but it certainly sounds like you have LOTS of red flags, here. Best of luck to you!
Answer Applies to: Michigan
Replied: 1/28/2013
Law Offices of George H. Shers | George H. Shers
You need to go to an attorney who does estate work and also litigates cases [not all estate attorneys do] to get the transfer of the deeds cancelled on the basis that your grandfather lacked the mental capacity to make any transfers.
Answer Applies to: California
Replied: 1/28/2013
    Asset Protection and Elder Law Center
    Asset Protection and Elder Law Center | Shadi Alai-Shaffer
    Sounds fishy and you want to move fast to protect his assets and your potential rights.
    Answer Applies to: California
    Replied: 1/28/2013
    Law Office of Pamela Braynon | Pamela Y. Braynon
    Was the temporary POA still acting as POA? If so that person could have very well signed the deeds in your grandfather's name as POA and not just an 'x'. It's probably going to take a lot of investigation but it may be something you can pursue as a fraud case. Check with a criminal law attorney to see if this is something that can be pursued.
    Answer Applies to: Florida
    Replied: 1/25/2013
    Cruikshank Law Office | CHARLES CRUIKSHANK
    If your grandfather was adjudicated as incompetent, any deeds attempted by him would be void and not valid. If another person attempted to forge your grandfather's signature to a deed or to otherwise attempt to take the property without full compensation, you could have the court set aside the deed and the property would pass to his heirs under the terms of your grandfather's will or by the law regarding inheritance if he had no valid will.
    Answer Applies to: Washington
    Replied: 1/25/2013
    James Law Group
    James Law Group | Christine James
    You absolutely need to have an attorney look at the deeds and your grandfather's medical records. If the transfers were fraudulent, you will have to go through a court process to unwind the transfers but it likely can be done.
    Answer Applies to: California
    Replied: 1/25/2013
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Yes, obtain yourself a probate litigation attorney to file a petition to probate the estate and contest the transactions. Do not delay as you will want the attorney to obtain an injunction against transfer any of the assets until a determination can be made as to who is entitled to the estate distributions.
    Answer Applies to: California
    Replied: 1/25/2013
    James Oberholtzer, Attorney at Law
    James Oberholtzer, Attorney at Law | James Oberholtzer
    Run, do not walk to an attorney to get this property back. If you move quickly you can get it back. You must move immediately to prevent it being sold to a bona fide purchaser without notice.
    Answer Applies to: Oregon
    Replied: 1/25/2013
    Norman Reitz | Norman Reitz
    The facts present a clear case of fraud or undue influence. This is a civil matter for action by the heirs at law. It may also be actionable as financial elder abuse under the California EDAPCA statute. The heirs should immediately seek legal counsel from a California attorney who specializes in inheritance disputes. Or a civil fraud attorney.
    Answer Applies to: California
    Replied: 1/25/2013
    Law Office of Edward M. Burgh, APC | Edward M. Burgh
    If he was incompetent nothing ne did was valid' You need an attorney from the Bar List that has been given a Specialty in real estate or probate. I wouldn't wait around and do it later.
    Answer Applies to: California
    Replied: 1/25/2013
    Reger Rizzo & Darnall LLP | Kathleen DeLacy
    You would to prove that he was incompetent at the time he signed the deeds.
    Answer Applies to: Delaware
    Replied: 1/25/2013
    Durham Jones & Pinegar | Erven Nelson
    You could sue to invalidate the deeds based on incompetence, fraud and undue influence. But, if the new owner is totally innocent your only remedy would be against the person who arranged the transfer. If the new owners were part of the scheme, you could prevail against them. There are lawyers who specialize in disputing these kinds of transactions, one of who is my partner.
    Answer Applies to: Nevada
    Replied: 1/25/2013
    Law Offices of Charles R. Perry
    Law Offices of Charles R. Perry | Charles R. Perry
    You need to contact someone who is familiar with the laws concerning financial elder abuse, and with estates and probate. There may well have civil claims that can be pursued on behalf of your grandfather's estate against the people who changed these deeds. Much more investigation needs to be done, however.
    Answer Applies to: California
    Replied: 1/25/2013
    The Wideman Law Center, P.C. | Susan Wideman Schaible
    Based on what you have said, it appears that something improper has happened. I would contact an Elder Law attorney to begin with.
    Answer Applies to: Michigan
    Replied: 1/25/2013
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    I would see an attorney who handles elder abuse. And, yes, I would expect that discussions with the DA and police would result.
    Answer Applies to: Oregon
    Replied: 1/25/2013
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    Either an Elder Law attorney or a real estate attorney. You want to get those deeds voided.
    Answer Applies to: Nevada
    Replied: 1/25/2013
    The Law Offices of Tres A. Porter | Tres A. Porter
    1. The only type of attorney who can file criminal complaints is the County D.A. office. 2. If you want to contest the transfer of the property in civil court and/or sue for damages, you need to find a probate attorney, a real property attorney, or preferably one who practices in both areas. Either way, you should definitely consult with an attorney as soon as possible.
    Answer Applies to: California
    Replied: 1/25/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    You would want to consult a probate attorney who has experience in asset recovery actions. As far as criminal charges go, you may file police report, but in many jurisdictions there is simply not enough manpower in the DA's office to prosecute these types of cases. Again you may pursue a civil remedy regardless of whether the matter is prosecuted by the DA. Good luck to you.
    Answer Applies to: Nevada
    Replied: 1/25/2013
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    You will need to contact an attorney who specializes in estates and probate. You can also contact the local District Attorney's Office and ask for the department that deals with fraud on seniors and the elderly to determine if they believe charges should be filed.
    Answer Applies to: Colorado
    Replied: 1/25/2013
    Winnick Ruben Hoffnung Peabody & Mendel, LLC | Daniel N. Hoffnung
    Yes, the executor or administrator of his estate can sue the current owners and anyone in between to recover the property You need a good litigator.
    Answer Applies to: Connecticut
    Replied: 1/25/2013
    Danville Law Group | Scott Jordan
    You should have the documents reviewed by a probate attorney. There may have been financial elder abuse and you need to fight this immediately.
    Answer Applies to: California
    Replied: 1/25/2013
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