Legal Question in Wills and Trusts in California
grant of deed not notariezed
I have my mothers Will and Living Trust Grant Deed to my brother in nov 2003 with out my knowledge I became aware of this in mar 2005 when he started eviction. Removed my mom kept my mother in seclucion for 6 months.from myself , granddaughter, 2 closest friends and family. mom past away. aug 4, 2005. I have been wrongfully evicted twice,my brother has deceived the courts and myself that he was legal owner. i just noticed Grant Deed was not signed from notary only stamped but yet was Recorded with county Recorder.also took loan on property july 2005 not as owner but trustee of trust. we are both appointed executors He has clearly attacked my mothers will under undue influencen being mom had demenia/alheimer. no notice of revocation or transfer of ownership has been recorded.Please tell me, am I still execuetor of my mothers Trust and can I go and take oath and duties to be estate administator. He has clearly attack my mothers Will and wishes.Please help me understand was this legal. I have family and friends to testify of these.
1 Answer from Attorneys
Re: grant of deed not notariezed
you need to retain an attorney to file a petition for probate of your mother's will and/or for other relief re her trust.