What is the name of your state (only U.S. law)? California
In 2010, Owner A, an elderly man who had his full faculties, signed a quitclaim deed for one of his houses to his daughter, Owner B. His wife (Owner A-2), who has dementia, was concerned that she would not have a place to live should Owner A die, and asked that her name be on the deed. To resolve this issue and placate her mother, Owner B quitclaimed the house to her son, Owner C, and her mother, Owner A-2, as joint owners (50-50). Owner C lives out of state and did not want the house, and gifted his share through another quitclaim to Owner D (me) in 2011.
Owner A passed away later in the year in 2010. In 2011, Plaintiff A (Owner A's granddaughter and niece of Owner B) was granted conservatorship and guardianship of Owner A-2. Plaintiff A immediately placed Owner A-2 into an old-folks home, and then moved her daughter into the house, who lived there for 6 months rent-free. By that time, we were co-owners of the house, so we evicted the daughter and moved in ourselves to establish residency.
Plaintiff A is now suing Owner B, Owner C and Owner D, on behalf of Owner A-2. She claims that Owner A had dementia and did not have authority to sign the original quitclaim deed. We have gathered over one dozen letters from witnesses who claim that Owner A was in no way suffering from dementia prior to his death. We do not have medical records (as he died over 2 years ago), but we have evidence such as he paid all his bills on time up until the day he died, he was still driving and still had his license, plus witness accounts of interactions with him up until the day he died. Plaintiff A offered no evidence of her claim, other than her word.
In another related case, Owner B challenged the conservatorship and guardianship of Owner A-2, and is requesting to be made conservator due to evidence of misappropriation of Owner A-2's finances by Plaintiff A. If Owner B gains guardianship, we will move Owner A-2 back into hers and our house and care for her ourselves. Plaintiff A filed this quitclaim civil suit after her conservatorship was challenged, and we are certain this was done solely for retribution.
Owner B has a lawyer. We do not.
Should we file a Request for Dismissal? Plaintiff A has no proof to back her claim.
Or should we file an extension? The conservatorship hearing will be held next month. We think that if the court finds that Plaintiff A was stealing and not fit to be conservator or guardian, then she can no longer sue us on behalf of Owner A-2, anyway, right?
Or should we file a General Denial? We would claim that Plaintiff A is lying (she is). We would include all the letters and other evidence that we have that Owner A did not have dementia.
Or should we do something else? Plaintiff A is questioning the validity of the original quitclaim deed. If that deed is invalid, then ours is too. If that deed is valid, then ours is too. So it all hinges on that original deed, which belonged to Owner B, not us.
Thanks!
In 2010, Owner A, an elderly man who had his full faculties, signed a quitclaim deed for one of his houses to his daughter, Owner B. His wife (Owner A-2), who has dementia, was concerned that she would not have a place to live should Owner A die, and asked that her name be on the deed. To resolve this issue and placate her mother, Owner B quitclaimed the house to her son, Owner C, and her mother, Owner A-2, as joint owners (50-50). Owner C lives out of state and did not want the house, and gifted his share through another quitclaim to Owner D (me) in 2011.
Owner A passed away later in the year in 2010. In 2011, Plaintiff A (Owner A's granddaughter and niece of Owner B) was granted conservatorship and guardianship of Owner A-2. Plaintiff A immediately placed Owner A-2 into an old-folks home, and then moved her daughter into the house, who lived there for 6 months rent-free. By that time, we were co-owners of the house, so we evicted the daughter and moved in ourselves to establish residency.
Plaintiff A is now suing Owner B, Owner C and Owner D, on behalf of Owner A-2. She claims that Owner A had dementia and did not have authority to sign the original quitclaim deed. We have gathered over one dozen letters from witnesses who claim that Owner A was in no way suffering from dementia prior to his death. We do not have medical records (as he died over 2 years ago), but we have evidence such as he paid all his bills on time up until the day he died, he was still driving and still had his license, plus witness accounts of interactions with him up until the day he died. Plaintiff A offered no evidence of her claim, other than her word.
In another related case, Owner B challenged the conservatorship and guardianship of Owner A-2, and is requesting to be made conservator due to evidence of misappropriation of Owner A-2's finances by Plaintiff A. If Owner B gains guardianship, we will move Owner A-2 back into hers and our house and care for her ourselves. Plaintiff A filed this quitclaim civil suit after her conservatorship was challenged, and we are certain this was done solely for retribution.
Owner B has a lawyer. We do not.
Should we file a Request for Dismissal? Plaintiff A has no proof to back her claim.
Or should we file an extension? The conservatorship hearing will be held next month. We think that if the court finds that Plaintiff A was stealing and not fit to be conservator or guardian, then she can no longer sue us on behalf of Owner A-2, anyway, right?
Or should we file a General Denial? We would claim that Plaintiff A is lying (she is). We would include all the letters and other evidence that we have that Owner A did not have dementia.
Or should we do something else? Plaintiff A is questioning the validity of the original quitclaim deed. If that deed is invalid, then ours is too. If that deed is valid, then ours is too. So it all hinges on that original deed, which belonged to Owner B, not us.
Thanks!
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