Legal Question in Wills and Trusts in California
Living Trust
My friend declared any interest in a piece of property that she was the only heir left to. After she was coerced into signing this declaration in Oct. of 2002 the judge terminated the petition to have her removed. The Petition was denied without prejudice and not properly noticed. The property has now quadrupled in value when they told her it was worth nothing and she would have liens placed on her house if she didn't sign the declaration. She now wants to go back and recant this declaration. Does she still own the property since the declaration was denied by the judge?
2 Answers from Attorneys
Re: Living Trust
If the county recorder's office does not show your friend's name as the record owner of the property -- your friend does not own the property.
An act that your friend did in 2002 is likely beyond any statute of limitations for an objection in 2007 (5 years later). I think your friend is out of luck without knowing further facts.
This is why it is important to seek the advice of counsel when signing documents like disclaimers and other declarations to ensure that your rights are protected.
Re: Living Trust
I'd have to know more, but it sounds like the disclaimer your friend signed was a separate issue from the petition to terminate, so the petition being denied would probably not nullify her disclaimer of the property. It's probably worth the time to have an attorney review the papers and give an informed opinion, but from what I read I'm doubting there's much she can do.
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