Legal Question in Wills and Trusts in California
It is a petition to clear title filed within the probate case and probate court that has been pending. This is my first involvement in case. A few months my deed of trust was discovered on the real property of the probate estate and the attorney for the estate is seeking to remove it as a cloud on title claiming it is fraudulent
3 Answers from Attorneys
You are probably going to need an attorney to fight the allegation that it is fraudulent. First find out from the administrator, if he does not already state in his petition, why he feels it is not valid. Some probate courts are rather relaxed in their filing requirements,but the general rule is ten court days before the hearing, as that gives the other side 5 days to respond.
I suggest that you at least consult with an attorney, in detail, as to the facts and circumstances around the deed of trust, and what the underlying obligation was. A deed of trust is meaningless without an underlying obligation. It is merely security instrument.
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