Legal Question in Wills and Trusts in California
I purchased a home from a relative that was in a trust. A new document was not excuted deleting home from living trust. The relative said he could sell it and crossed it out with marker. We signed notorized agreement of terms for payment and agreement for release of trust. The relative has died.
Do I have a problem if the beneficiary's of the trust contest our agreement.
2 Answers from Attorneys
Definitely you have a problem. If the property was held in trust what right did the person who sold the property to you have to sell it. You knew that he might not have any right so can not claim to be an innocent purchaser. The property probably should go back into the trust with your being reimbursed for your payments. But since you knew what you did was improper, it could be argued that you should not be reimbursed all of your expenditures because you knew you were taking a gamble.
You may very well have a problem if the relative was not authorized to act on behalf of the Trust, i.e. was not the Trustee or an authorized agent of the Trustee. If, however, it was part of the relative's revocable trust then you may be ok. You should sit down with an attorney and all of the documents right away.
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