Kaiser ActobogG
Junior Member
What is the name of your state? California
My parents had been married for thirty years when my father passed away. He had been injured on his job (he was a federal employee), and died just under three years after his accident. My mother had medical problems (she had recently broken her jaw and hip) and had a breakdown. She went into a nearby convalescent home for a period of time, but I don't think she was put on any kind of medication other than what she was taking previous to my father's death (meaning no thorazine or anything like that). I went to the convalescent home a number of years ago, but was told they no longer had any inpatient records of my mother, they'd already been destroyed. She was sixty-one years old at the time my father died.
My parents had bought their property around twenty-two years before this, and owned it outright, meaning my father had paid off his VA home loan. My mother's family immediately talked her into selling the house and property, and influenced her decision to move into a retirement home. All this was done within a six month period after my father's death.
My mother died a few years later, and after her estate was settled I found a few inconsistencies, so I started doing my own research (I'm not a lawyer). If I understand what I found in the Insurance Codes, my mother wasn't supposed to make a major financial decision within a six month period following my father's death, there was a law that said that during the first six month period following a spouse's death, the widow experiences so much emotional trauma she isn't allowed to make decisions like selling property or stocks. Did I interpret this correctly?
I remember before she sold the house that my uncle (her brother) had asked her to give him a power of attorney, but I don't think that she did. This uncle is still alive, but is very elderly and might not remember the details of this period well, meaning he might not remember if he did have a power of attorney or not. Or he might not actually tell the truth about it.
My question is, was my mother legally mentally sound enough to sell her property at the time? I would say no, from what I remember and from what I have read in the lawbooks, but I haven't had any success in getting the property back. I did find a California law called Writ of Recission, that had something to do with unlawful tenancy, but was told it didn't apply in this case.
Something else I found in the Penal Codes when I was doing all this, is that if a person dies within a three year period from sustaining injuries in an auto accident that wasn't the decedant's fault, the other party was guilty of manslaughter or vehicular homicide or something. Did I read this correctly? If I did, and someone else knew of this law without telling my mother about it, then that furthers my belief that someone had put undue and unwarranted pressure on her to sell her property when she was in a delicate state.
Am I right about this?
My parents had been married for thirty years when my father passed away. He had been injured on his job (he was a federal employee), and died just under three years after his accident. My mother had medical problems (she had recently broken her jaw and hip) and had a breakdown. She went into a nearby convalescent home for a period of time, but I don't think she was put on any kind of medication other than what she was taking previous to my father's death (meaning no thorazine or anything like that). I went to the convalescent home a number of years ago, but was told they no longer had any inpatient records of my mother, they'd already been destroyed. She was sixty-one years old at the time my father died.
My parents had bought their property around twenty-two years before this, and owned it outright, meaning my father had paid off his VA home loan. My mother's family immediately talked her into selling the house and property, and influenced her decision to move into a retirement home. All this was done within a six month period after my father's death.
My mother died a few years later, and after her estate was settled I found a few inconsistencies, so I started doing my own research (I'm not a lawyer). If I understand what I found in the Insurance Codes, my mother wasn't supposed to make a major financial decision within a six month period following my father's death, there was a law that said that during the first six month period following a spouse's death, the widow experiences so much emotional trauma she isn't allowed to make decisions like selling property or stocks. Did I interpret this correctly?
I remember before she sold the house that my uncle (her brother) had asked her to give him a power of attorney, but I don't think that she did. This uncle is still alive, but is very elderly and might not remember the details of this period well, meaning he might not remember if he did have a power of attorney or not. Or he might not actually tell the truth about it.
My question is, was my mother legally mentally sound enough to sell her property at the time? I would say no, from what I remember and from what I have read in the lawbooks, but I haven't had any success in getting the property back. I did find a California law called Writ of Recission, that had something to do with unlawful tenancy, but was told it didn't apply in this case.
Something else I found in the Penal Codes when I was doing all this, is that if a person dies within a three year period from sustaining injuries in an auto accident that wasn't the decedant's fault, the other party was guilty of manslaughter or vehicular homicide or something. Did I read this correctly? If I did, and someone else knew of this law without telling my mother about it, then that furthers my belief that someone had put undue and unwarranted pressure on her to sell her property when she was in a delicate state.
Am I right about this?
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