Legal Question in Wills and Trusts in California
Propert of an estate wrongfully taken, concealed and disposed of.
I was the personal rep of an estate which closed last year. About 1 year ago I discovered that certain property of the estate was improperly acquired by the brother of the deceased. He obtained title by filing a declaration allowed under the CPC, provided the estate was not under court supervision (it was); and no one else had a superior claim (the deceased was survived by wife & child) etc.The Deft was & is a resident of New Mexico. He misled a Calif atty into preparing the declaration in order to close a pending escrow. Must the local atty respond for the deft? Is any quiet title an ancillary matter? Can Calif compel a non-resident deft to appear, be examined, answer interrogatories and make an accounting with an ex-parte petition? If so and he defaults, can a money judgement issue on proof accordingly? Yje probate atty refuses to act because of a conflict of interest (!)
2 Answers from Attorneys
ACTION TO IMPOSE A CONSTRUCTIVE TRUST
ALTHOUGH YOU DON'T PRESENT ALL THE FACTS IT SEEMS LIKE THIS WOULD BE AN ACTION SEEKING A CONSTRUCTIVE TRUST OVER THE PROPERTY AND/OR THE PROCEEDS DERIVED THEREFROM. THIS WOULD BE A SEPARATE ACTION. IF THE PROPERTY SOUGHT TO BE RECOVERED IS IN CA. THEN JURISDICTION CAN BE BE THIS STATE. IF THE PROPERTY HAS BEEN CONVERTED I WOULD BRING SUIT IN THE STATE OF RESIDENCE IN ORDER TO OBTAIN PERSONAL JURISDICTION. AS TO CONFLICT OF INTEREST, JUST HIGHER ANOTHER ATTORNEY.
Land taken from estate & sold fraudulently
First, it sounds like you'd better find another attorney quickly to handle at least this part of the probate.
Second, see about contacting the district attorney's office, as this sounds like a "land fraud" case.
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