Legal Question in Wills and Trusts in California
Dad's House Was in a Living Trust, Later Transferred to a Joint Tenancy
Dad's house was placed in a Revocable Living Trust in 1991, to be divided equally between his four children. In 1996, Dad filed a Grant Deed transfering the house to one son and himself in Joint Tenancy. Dad just died and this brother just informed all of us that this happened, and it is his house now. If there was not a document filed revocing the trust, was he legally able to transfer title? Do we have any recourse to obtaining our 25% share that was stated in the Trust?
2 Answers from Attorneys
Re: Dad's House Was in a Living Trust, Later Transferred to a Joint Tenancy
Without seeing the paperwork and knowing the exact situation, I cannot give you a definitive answer. Generally, if the property was not held in the name of the trust, the trust terms will not control. Joint tenancy property passes directly to the surviving tenant. Therefore, your only recourse would be to challenge the joint tenancy transfer, arguing undue influence, lack of capacity, etc. To make matters worse, the transfer to joint tenancy may be a taxable gift, making taxes due. If you are in Northern California and would like me to take a look at this, please contact me. [email protected].
Re: Dad's House Was in a Living Trust, Later Transferred to a Joint Tenancy
If the trust was revocable, dad could deed out any property of the trust any time he wanted to. without seeing all the documents its hard to tell, but most probably your only recourse is a suit against your brother for undue influence, if there are actually grounds for it
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