My Dad changed his mind?

[Bob1492]

What is the name of your state (only U.S. law)? California. My father gave me 2 properties, one seven years ago, and the second one year ago. He had inherited the properties from his father (my grandfather). At the time he wanted me to have the properties to provide for my family. I never even asked for them. Everything was fine with us as far as I knew until I put the houses on the market. He sent his attorney over today claiming that he had been financially abused by me and I had until Monday to sign the properties back of he would file charges of financial elder abuse on me. This came as a complete surprise as I thought my Father was in full support of my family and I. My Sister has recently come on the scene and is most likely coercing this decision. What are my rights, should I be worried? I have never acted violently or even aggressive toward my father.

 

[Ohiogal]

What is the name of your state (only U.S. law)? California. My father gave me 2 properties, one seven years ago, and the second one year ago. He had inherited the properties from his father (my grandfather). At the time he wanted me to have the properties to provide for my family. I never even asked for them. Everything was fine with us as far as I knew until I put the houses on the market. He sent his attorney over today claiming that he had been financially abused by me and I had until Monday to sign the properties back of he would file charges of financial elder abuse on me. This came as a complete surprise as I thought my Father was in full support of my family and I. My Sister has recently come on the scene and is most likely coercing this decision. What are my rights, should I be worried? I have never acted violently or even aggressive toward my father.

UNder what circumstances did he transfer the properties to you? You need an attorney apparently.

 

[Bob1492]

The houses were willed to me initially. He signed them over as I was making him lots of money running his business and wanted to reward my hard work. My Sister was in the will for $1 initially. I fought to get her back in the family, and it's biting me bad. He gifted me both properties.

 

[LdiJ]

The houses were willed to me initially. He signed them over as I was making him lots of money running his business and wanted to reward my hard work. My Sister was in the will for $1 initially. I fought to get her back in the family, and it's biting me bad. He gifted me both properties.

Was your father in any way incompetent when the houses were gifted to you? Is he upset because you are selling them rather than keeping them?

 

[Bob1492]

His only incompetence was his age, (over 65). Last I had heard from him he was happy we were selling. We were planning on moving to Texas and he was going to move in with us. I think he got nervous about being in a full care situation or that I would leave him in the dust. I have always been there for him and always will be. This is making it difficult.

 

[LdiJ]

His only incompetence was his age, (over 65). Last I had heard from him he was happy we were selling. We were planning on moving to Texas and he was going to move in with us. I think he got nervous about being in a full care situation or that I would leave him in the dust. I have always been there for him and always will be. This is making it difficult.

Are you certain that he is the one who sent the attorney to you? Are you sure that the person was an attorney? Its more than a bit unusual for an attorney to make a visit in person to make a verbal threat, rather than putting it in writing. Also, age has nothing to do with competency.

 

[justalayman]

He gifted me both properties.

And apparently a third property as well as his boat. the attorney has made no mention of returning the third property or the boat?


And a person is not incompetent due to age but to suggest there was some incompetence due to him being over 65? What is that suppose to mean? Everybody over 65 is incompetent?

 

[Bob1492]

Yes, his attorney has been a friend of his for many years. He has had previous relations with my Sister and I believe she is his motivation in this. He did serve me papers stating their case, which is made up of mostly false information and conversations. It even says our last conversation I told my dad to "F-off" and hung up. I have never spoken harshly to my father. Our last convo was me inviting him to our children's birthday party. I can prove this all through call and text logs. The papers stated that I had until Monday at noon to sign the properties back over to my dad or he was going to file the complaint as described.

 

[LdiJ]

And apparently a third property as well as his boat. the attorney has made no mention of returning the third property or the boat?


And a person is not incompetent due to age but to suggest there was some incompetence due to him being over 65? What is that suppose to mean? Everybody over 65 is incompetent?

You read that wrong. In the will he was to get three properties and a boat and his sister was to get 1.00. When his father gifted him the two properties the will was apparently changed to give his sister the third property and the boat.

 

[justalayman]

Well, i guess you will have to wait and see what your father does. If he sues you you will have the chance to defend your claims.

 

[Bob1492]

I was originally in his will for the 3rd property and boat. I told him I didn't want that much since he had already given me the houses. According to the law on financial elder abuse anybody over 65 has a case when they give property away.

 

[justalayman]

You read that wrong. In the will he was to get three properties and a boat and his sister was to get 1.00. When his father gifted him the two properties the will was apparently changed to give his sister the third property and the boat.

so the op somehow changed his father's will? He "convinced" his father to give sis the other house and boat (and whatever else op was going to get) in exchange for the 2 houses? That surely suggests op had a great influence on his father's actions which gives creedance to attorney's claims.

 

[justalayman]

I was originally in his will for the 3rd property and boat. I told him I didn't want that much since he had already given me the houses. According to the law on financial elder abuse anybody over 65 has a case when they give property away.

Care to provide such a law?

The age is simply a point where the law tends to look more closely at the claim. Age alone is not going to support a claim of elder abuse or anything else.

 

[LdiJ]

Yes, his attorney has been a friend of his for many years. He has had previous relations with my Sister and I believe she is his motivation in this. He did serve me papers stating their case, which is made up of mostly false information and conversations. It even says our last conversation I told my dad to "F-off" and hung up. I have never spoken harshly to my father. Our last convo was me inviting him to our children's birthday party. I can prove this all through call and text logs. The papers stated that I had until Monday at noon to sign the properties back over to my dad or he was going to file the complaint as described.

I think that you should ignore the Monday deadline and consult with your own attorney instead...preferably on Monday. I do not like the fact that he showed up on a Friday and gave you a Monday deadline. He would know that it would be difficult to impossible for you to consult an attorney of your own with that kind of deadline. That leads me to think that he know that he does not have a case and is hoping to bully you into giving the properties back to your father.

He is basically going to have to prove your father to be incompetent in order to prove elder abuse. I am really beginning to wonder if your father knows anything about this.

 

[Bob1492]

My Father gave me the two properties. I was still in his will for the rest. I encouraged him to form a relationship with my sister and asked him to take me out of his will for her sake.