Legal Question in Real Estate Law in California
my father gifted me his real property in 2002 the same day he signed his trust documents and deeds.
his property was never in his trust. his trust was not funded. my sister fabricated some story to her attorney that she was trustee of our father's estate. from there they continued to administer the estate.
my name is on the deed, my sister stole it from me. can my sister put her name on the deed in place of mine? isn't there more records of the deed other than the county the property is in? my sister knows a lot of people in the county assessors office and i cannot trust her. aren't there national real estate records of the deed that will show my father's intentions?
2 Answers from Attorneys
Real property records are maintained only at the county recorder in each county. There is no state or national record. If your father didn't execute a deed to you and record it with the county recorder, he didn't "gift" you anything (and, by the way "gift" is not a verb; the verb is give or gave). The assessor has nothing to do with them except to find out how much the property sold for when it sells, and who to send the tax bill to.
I agree with Mr. McCormick.
The first issue that I have with your post is whether a deed was delivered to you, naming you as the grantee, or whether a deed was recorded naming the trustee as the grantee. If that happened, then the property was placed in the trust. If the property was not placed in the trust, my second question is whether the trust instrument specified that the real property was in the trust.
Finally, my question is what record title shows at the county recorder's office? As. Mr. McCormick states, there is no national registry of deeds, and the records of the tax assessor are irrelevant.
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