Sue on behalf of mother

[jgomez5710]

What is the name of your state (only U.S. law)? CA

My mother (who has died), purchased a house in 1985. In 1987, she added my brother (brother A) as a joint owner to the house but he never paid anything for it. In 1996, they sold the first house and purchased another one. But the new house, only brother A is on the deed.

After my mother's death, I learned from brother B, that my mother was never given any money or ownership in the 2nd house even though she was the original owner of the first house. Brother B said she was "tricked" out of the 2nd house.

Is there anything my brother B or I can do, on behalf of my mother, to sue brother A? We have power of attorney, etc. but again, my mother has passed about 1/2 year ago.

I am thinking that it would be brother A against brother B's word. Brother A, owner of the house, will probably say it was a gift. But Brother B knows otherwise.

Can we sue brother A on behalf of our decease mother? Please advise.

[nextwife]

Originally Posted by jgomez5710

What is the name of your state (only U.S. law)? CA

My mother (who has died), purchased a house in 1985. In 1987, she added my brother (brother A) as a joint owner to the house but he never paid anything for it. In 1996, they sold the first house and purchased another one. But the new house, only brother A is on the deed.

After my mother's death, I learned from brother B, that my mother was never given any money or ownership in the 2nd house even though she was the original owner of the first house. Brother B said she was "tricked" out of the 2nd house.

Is there anything my brother B or I can do, on behalf of my mother, to sue brother A? We have power of attorney, etc. but again, my mother has passed about 1/2 year ago.

I am thinking that it would be brother A against brother B's word. Brother A, owner of the house, will probably say it was a gift. But Brother B knows otherwise.

Can we sue brother A on behalf of our decease mother? Please advise.

And how do you propose PROVING that she didn't simply intend to gift the place to brother? After all, she added ONLY he to the title. How do you plan to document any of your claims? If mom had believed herself cheated, wouldn't she have possibly taken legaL action? At least consulted an attorney?

Additionally, how do you know the title company who closed it didn't disburse half to her, and then brother bought the next place on his own? Have you seen the closing statement?

The POA is now worthless. One cannot be POA for a deceased person.

[jgomez5710]

Well, you bring up interesting questions, none which I can really prove, I'm just taking my other brother's word.

I assume with your questions, this case is not worth pursuing with an attorney?

Also, do you know if it's possible to sue on behalf of your mother who has died already?

Thanks.