Legal Question in Civil Litigation in California

Re: quick claim or living trust

This would require a complete title search -- not only for the property address, but also by person's name. A lawyer should also review all deeds on file. Obviously, your grandmother had forgotten about the deed to your uncle. Typically, title is passed once the deed is properly executed. It is recorded to give the world notice of the change in ownership. If, in fact, title had passed to your uncle in 1999, then she couldn't have transferred title to her trustee in 2004. Obviously, some lawyer prepared the trust. Perhaps it would be worth your while to find out the lawyer's position. He/she might have additional documents in the file that he/she might be willing to share.

Re: quick claim or living trust

A living trust is usually revocable. Therefore, the beneficiaries of the trust do not have any vested rights until the death of the person who made the trust. If your uncle legitimately obtained a quitclaim deed from your grandmother before her death, and that deed was a gift, then your uncle would likely be able to retain ownership of the property.

However, the 6 year delay in recording the deed leads me to believe that something fishy is going on. Further, if your grandmother intended to give the property to your uncle in 1999, then why would she believe she still owned the property in 2004 when she listed the property in her trust? Many times people quit claim property for reasons other than intending to forever transfer ownership of it.

If there's no mortgage, the property is likely worth a lot of money. You should conduct further investigation, including obtaining a title search. The title search will likely show further intent of your grandmother.

We practice real estate law and have handled many cases like this. We can also obtain a title search for you. If you have further questions or need further help, feel free to email or call.

Re: quick claim or living trust

Just because the property was listed in the trust does not mean the owner didn't deed it away before the transfer to the trust. However, it does raise questions of authenticity of the deed process, and about the timing and priority of transfers. You could also contest the deed transfer on fraud, undue influence or other theory. Feel free to contact me if interested in investigating this approach.

Re: quick claim or living trust

Your uncle is trying to rob you, at least seems that way. The question is, what are you planning to do about it?

1. Was there a will besides the trust? (Known as a pour-over will which is used in conjunction with trusts to avoid taxes and probate costs.)

2. Why did he record the trust one month before her demise? (This seem to indicate that he might have gotten or forced or conned her into signing the document in November, but back-dated it to 1999.) You should get the deed examined by an expert.

3. Find the lawyer that drafted the trust and get the whole story, there probably is a will somewhere along with that trust.

These are ugly battles that divide the family, but I don't think you started it.

Good luck,