Legal Question in Real Estate Law in California

Re: Quiet Title Action ?

Yes, from the facts given so far, a quiet title action would be the proper remedial proceedings in resolving this issue once and for all. For a free phone consultation, contact us directly ASAP this week.

Re: Quiet Title Action ?

This will depend upon the evidence that you have that the daugher has a recognizable interest in the home. She cannot quiet title to a home in which she has no interest.

How did the grandfather "leave" the house to the daughter? Typically, the home would be held in a trust for the benefit of the daughter. And this would have typically been done by order of a probate court, subsequent to the death of grandfather. Here, it seems (from the facts relayed) that grandfather simply transferred the property to his daughter, presumably with instructions to hold it and give to granddaughter upon her turning 18. You will need evidence that this was his intent; and oral agreement is not likely to be enforceable in this context.

The fact that the granddaughter has paid the prop taxes is helpful, if she did it pursuant to the grandfather/mother agreement that the property was to be for the benefit of the granddaughter. (But if there is no evidence of this, the mother can simply say that the money was a loan, or worse, a gift).

Your daughter should immediately seek out the opinion of a qualified real estate attorney familiar with title issues. We are real property litigators and if/when your daughter is ready to proceed, she should feel free to call or email for a consultation.

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Re: Quiet Title Action ?

I think that the quiet title action is the place to start, but not the place to end. The mother should also be sued under an equitable lien theory, constructive trust, resulting trust, breach of fiduciary duty, intentional

misrepresentation, and to avoid a fraudulent transfer.

Re: Quiet Title Action ?

Presuming you retained the trust documents and other proof that the Grand daughter is entitled to the property, I can protect her interest via enforcement of the trust, fraud, illegal transfer, and yes, quiet title via these same theories. Contact me ASAP.

Re: Quiet Title Action ?

It all depends upon what grandpa's trust says, both as to his intent re the house and the mechanics of transfer he had in mind.

It's not uncommon for gifts (including testamentary gifts) to minors to be placed under the control of an adult custodian under the Uniform Transfers to Minors Act. This is probably what happened here, and the UTMA may apply to this situation even if the trust does not specifically make reference to it. However, it's also possible that the gift of the house was set up to produce grandpa's intended results differently, or even that a different result was intended (or will occur) than what you describe.

If the situation falls under the UTMA and the mother was a custodian, the mother must relinquish control to the daughter when the daughter becomes an adult -- age 18 in California and almost everywhere now. Of course, the daughter could always say, "no, mom, you continue to manage it for me," but that election is up to her, not mom.

Therefore, by the way, mom probably had no right to oblige the daughter and finace to do the pre-nup.

The failure to do the "paper work" to transfer legal title to daughter after her 18th birthday may have been due to (1) nobody involved unsderstood the law,(2) mom's conduct was shady and controlling, possibly bordering on fraudulent, (3) you haven't understood or described grandpa's will or trust properly, or (4) some combination of the previous three factors.

You didn't say who the mother quitclaimed to just before daughter married; probably, I guess, from grandpa's trust to herself. I further assume she was the sole trustee at the time. If this were in violation of the terms or intent of the trust, mom is in deep doo-doo. Trustees have to act in complete good faith, and if they don't, the legal consequences (even in a civil suit) are most unpleasant.

Of course, if daughter is entitled to be legal owner, paying "rent" and being evicted are totally improper.

I think Step One is to obtain a copy of the trust. That will answer several important questions. The trustee (mom) MUST furnish a copy upon request to anyone affected.

Suit should then be filed if (1) a reading of the trust shows misconduct, or (2) mom refuses to furnish a copy.

In my opinion, the most likely allegations of the suit would be, in order of importance or probability, breach of trust, breach of fiduciary duty, cancellation of instrument (the quitclaim deed), fraud, and quiet title.