Legal Question in Wills and Trusts in California

quit claim child to parent and notice of pendency

Hi - if a child quit claims property to a parent and then a few days later another party files a notice of pendency regarding that same property that was transferred - can the the parent now be liable? This child and their spouse purchased the property and were also named in an aunts will to receive other assets. The aunts will is being contested by the spouses family and are claiming that the above mentioned property may have been purchased with fundes in dispute...so, now that the above mentioned property was quit claimed, who is exposed?


Asked on 9/06/07, 7:14 pm

3 Answers from Attorneys
Scott Linden Scott H. Linden, Esq.

Re: quit claim child to parent and notice of pendency

I'm going to need some more info, for starters...where is the property, CA or NV? I don't see the parents being liable, but the property may be taken from them...if that is what you mean.

I'll need more info to give you a proper response. Our firm specializes in trusts, estates and probate so we should be able to assist you with your situation. I can be reached at the info provided by LawGuru or through one of our firm's websites such as No-Probate.com

Namaste,

Scott

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Answered on 9/07/07, 8:41 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: quit claim child to parent and notice of pendency

Beats the heck out of me (I would need to know more). Filing notices of pendency is risky business, the person(s) affected can often sue for slander of title. This sounds like a situation where one party has an attorney, and one doesn't -- guess who is at a disadvantage!

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Answered on 9/06/07, 7:24 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: quit claim child to parent and notice of pendency

A notice of pendency simply alerts the world that a legal action is pending that may affect title to the real property. It cannot create personal liability of anyone who comes into title, but warns anyone coming into title that that person's ownership is at risk in some way to the lawsuit.

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Answered on 9/06/07, 9:19 pm


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