Who's House is it?

[MoTel]

I am writing in hope that someone can help me. My grandmother signed her home over to me in January of 2000. No cash was exchanged, it was a gift to me due to some family problems with other family members a few years prior. She told me that she wanted me to have her house. Due to the Probate Laws and taxes and me being disabled and on SSI , she signed it over to me so I wouldn't have to deal with the problems later. She and I decided that it would be best not to tell her son, my Uncle, about this transaction due to the earlier family problems with him. The problem that I'm having now is my Uncle found out about the transfer of the property to my name and he wants to take me to court saying that I swindled my grandmother out of the property. My grandmother is now 89 years old. She was 87 at the time of the property transfer. My Uncle wants to take me to court to get the house put back into Grandma name or into his name. My question is, does he have a case against me or am I safe from any legal action he files? When the property was transferred I went through an Escrow agency and everything on my part was done legally. If you have the answer Please let me know. Thank you.


I live in Southern California

 

[Michael Wechsler]

I'm not sure that he has legal "standing" to challenge you in court unless he can prove that he was to be an heir and that the transfer was done while your grandmother was not in her right mind. The fact that there was a party that might be able to attest to the "capacity" of your grandmother might prove to be a significant hurdle for your uncle to overcome. This could be an expensive and futile proposition for him unless he can show "incapacity" of your grandmother to make decisions.

Regardless, your uncle cannot have the house transferred into his name while she is alive. A conservator might be appointed if necessary.