Legal Question in Wills and Trusts in California

Re: living trust

The best person to answer your questions is your aunt. If she is uncooperative or you believe her answers are false, you should hire a local attorney who can help you investigate.

To start with, I would suggest looking at your father's estate planning documents (if any), and the recorded document(s) regarding the jointly owned home, including the document(s) which ended your father's interest. That document will have several elements that will help you understand what (apparently) happened. In particular, the document should contain a reference to transfer tax; the transfer tax is calculated based upon the amount paid for the property transferred. If your father gave the property to his sister, then the transfer tax would be zero, as your sister paid nothing for her interest. If your aunt paid your father for the property, then the transfer tax will show the approximate value she paid.

The transfer document will also likely be titled a "grant deed" or a "quitclaim deed" - and it will also probably be clear whether it was a fill-in-the-form document purchased at a stationery store, or if an attorney or title company assisted with the transfer. (Look at the upper left-hand corner for the "RECORDING REQUESTED BY" notation.)

If your father had a living trust, then the transfer documents might refer to him as a trustee, rather than as an individual.

Depending on your father's age and the circumstances, it's possible that there is an elder abuse claim here, if your father was coerced into making the transfer. On the other hand, it's also perfectly possible that he made the transfer voluntarily.

These are all issues you should talk over with someone local to you who will be in the best position to help investigate this situation further.