Legal Question in Real Estate Law in California

That is one hell of a 'mistake' friend, and one you will have great difficulty overcoming. Your version of the facts regarding his intent is dramatically different. You would have to somehow overwhelmingly, conclusively prove through credible and admissible evidence that it was a simple clerical mistake, and that his intent was to deed to you only. As they say, 'good luck'. I'm guessing that he had a Family Trust, into which he placed this property, and told you what you wanted to hear. If that Trust provides for you to get the property or other assets upon his death, then so be it. If not, then your remedy is to file a legal action to quiet title as part of a probate or Trust contest, whether you like that or not. However, many Trusts and wills have provisions that 'void' and deny any distribution to heirs that contest the instrument. You need to consult with counsel to see whether, and at what cost, you can contest this. If you think you can prove what's necessary, and if you're serious about consulting, feel free to contact me.

Your situation is MAYBE as bleak as Mr. Nelson portrays it, but maybe not. The very first matter to consider is whether there is indeed a family trust and whether it existed continuously from the date of the deed by which title was transferred until the present. The next issue will be to determine who has the original (or a copy) of the trust instrument, and thus who the current trustee and beneficiary(ies) may be.

Did your father have other assets when he passed away? How was his estate handled? Probate or no? Was he married at the time of his death? Do you have siblings? Who has been paying the property taxes on the cabin? Is someone looking after it? Did your father have a lawyer, at whose office a copy of the trust might remain? All of these questions, when answered, will help solve the cabin problem.

Unless the questions surrounding the existence and nature of the trust can be resolved, and in your favor, your best shot at obtaining marketable title (that is, title sufficiently free from doubts that more-or-less unconditional title insurance can be obtained) is via a quiet title lawsuit, in which you would have to name all possible adverse claimants to title as defendants, and serve each of them with the summons and complaint. Often, just proving to the court's satisfaction that you have gone to great lengths to identify and serve everyone with a possibly-adverse interest will be your greatest legal cost an consumer of time.

If you decide to contact a lawyer for further discussions (and feel free to contact me), be prepared to discuss the possible answers to the questions mentioned herein, above.