Legal Question in Real Estate Law in California

Re: realestate

It sounds as though the brothers have sued to quiet title and have recorded a lis pendens (notice of pendency of action).

The person or persons named as defendants in the suit need to file and serve a responsive pleading, usually an answer, and usually within 30 days of the date of service.

A quiet title suit cannot be won by default alone - the claimant must still go to court and present evidence of his claimed interest in the disputed property - but failing to file an answer within 30 days will put your aunt in a poor position, to say the least.

It is very hard to handicap your aunt's chances of winning, especially without reading the lawsuit (does it describe the alleged trust, or does it have a copy attached as an exhibit?), but I would guess that your aunt has a pretty good chance of winning.

Questions that arise in my mind are whether the trust was allegedly made by the grandmother, or by the aunt who got sick, and whether either of these people are still alive and able to give testimony. Also, was the alleged trust revocable or irrevocable?

Most trusts used to control and direct the future inheritance of family assets are revocable. This means that the person who made the trust retains full power, during her lifetime, to revoke the trust or change its terms, including changing the beneficiaries.

If you can get me a copy of the suit by FAX or mail or email attachment, I'll take a quick look at it and give you a free opinion and maybe we could work out a contingency-fee representation -- no promises, however, and don't let the response deadline go by.