Legal Question in Real Estate Law in California
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I have the original grant deed that was drafted up to transfer my father's real property into his living trust. It has no signatures on it but has a notary stamp on it. Obviously this document could not be filed so can I assume that there was no trust? Would the will go into effect if the trust failed? In the will my father bequest and demise his estate to the trustee named in the instrument who would be me. If there was a trust then my sister would act as trustee because of an amendment change (from undue influence) and take control of the assets and not give me a dime and my father knew what she was all about. All of this did happen! I went to the recorders office and looked up the deed. I could not believe it, this was the exact grant deed that I found but had signatures on it! I measured all points and angles on the notary stamp to certain areas on the document. Everywhere I measured on the original document was identical to the copy at the recorders. The angle of the stamp matched precisely. I believe I was swindled with malice, great forethought and planning. Me and my wife are dependent adults and my sister and her attorney have committed unnecessary mental anguish to us and made us homeless, took advantage of our handy cap and lied to the courts. Calif. penal code 368. I have no $ for an attorney, little resources, no transportation, nothing. Anything I can do to get this straightened out? Thank you all
2 Answers from Attorneys
Contact the notary and ask if they can explain the document without signatures; there would be no reason for the notary to place a stamp on a blank document [did the notary sign the original you have? are you sure that it is an original and not a good copy of the original?]. You do not state what the Trust provides for as to whether you are entitled to any payments. Nor what happened in court and when. It sounds as though you may have the major problem of having probate court orders against you and the time to appeal may have run out.
If the deed (or a copy of it?) was recorded, and it transfers the property into his trust, look for the lawyer who drafted the trust and obtain a copy. If your sister was the successor trustee after your father's death, she had a duty to follow the trust instructions, and if you can show a breach, you can (probably) recover in court.
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