Legal Question in Wills and Trusts in California
My mom passed in 2005. Me, brother and sister are all co-trustees, co-executors, co-owners of the business and houses. All three of us have to sign any documents and agree before any changes can be done. My sister took the three houses out of the trust and transferred them into her name without letting us know. Legally I didnt think she could do that? Also why didn't the recorders office ask for the other two signatures or do they just take anyones word on title transfer or sale. Especially when this had been done dec. 2008 and mom died dec. 2005. she cant be the seller if she is deceased. She must have forged signatures. I dont know the direction I need to go for help to stop her from doing this. Forgery and fraud is also an issue. Please help me the best you can.
4 Answers from Attorneys
You definitely should bring the estate documents to a lawyer for review. Sometimes the trust instrument says that each trustee could act independently of the other. I would suspect, though, that it probably says that you are to act jointly -- either unanimously or by majority. The recorder doesn't inspect the documents. Act now! Don't wait.
There are a number of legal options to pursue. You probably want to remove her as a trustee since she appears to have violated her duties by engaging in acts to benefit herself that are detrimental to the other beneficiaries. You also want to sue to void the transactions. You need to consult with an attorney as soon as possible because some claims may have a one year statute of limitations and you are approaching the 1 year deadline from when the property was transferred.
To alieve your concerns, you should have a attorney review the actions. Frankly I find it difficult to understand how this could have been done. It would be helpful to gain representaton to protect your interests. Contact me directly.
time is of the essence. you should retain a qualified attorney to provide you with advice and prepare any necessary petition with superior court. if your sister has acted improperly, it is likely that she can be removed as a cotrustee, you can be the sole trustee or cotrustee with your brother, and that your attorneys fees will be paid out of the trust estate.