Legal Question in Wills and Trusts in California
Dear sir, my father transferred his real property to me by gift deed the same day he drafted up his living trust. The only trust asset he funded his trust was his checking account. Me and my sister had no idea of this but my father always favored me and for good reason. I was vested in his real property for five years without me knowing. After he passed away, his trust attorney would not comply with either me or my sister saying we should get our own attorneys. Me being elected successor trustee believe I should have gotten a complete copy of our father's file. It is his policy! Could my father have revoked his trust and if he did, isn't that a reason why his attorney would not comply? QUESTION-- My sister lied and said my father made a mistake so a correction had to be made to fix it. She ended up tricking me and ended up with the property, at least I think, it could be that she is making it hard for me to transfer property into my name. Anyway she drafted an affidavitt change of trustee and in small letters it read that my father's property was in his trust. I signed without investigating. Isn't it the law that the last will transfers property that was left out of the trust? Also when our father died his trust is supposed to be irrevockable, right? I need to know if there was a legal transfer to father's trust with just an affidavitt. The will was never filed probably because it reads that my father left his entire estate to the one in office at the time he made his trust. So much non disclosure! Can you have the statuets of limitations tolled because of non diclosure? Thank you for your time and expertise, respectfully, JEC
1 Answer from Attorneys
first off you need to research the title to the real property to see if it is indeed in her name. Once the gift deed was recorded, under California's race-notice statute, only you can transfer title to anyone else. Having answered that question will answer the rest of your questions except as to the checking account, and unless there was a big balance in there as of date of death it probably isn't worth the trouble.
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