Legal Question in Wills and Trusts in California
Heres the situation in brief:
A few years back my husbands grandfather passed away with a living trust, leaving any and all real property & material possessions to the youngest of his four adult children and specifically leaving one dollar to each of the 3 remaining. My husbands father was that youngest heir. Then in Aug of 2010, my husbands father passed away unexpectantly, only one day before the birth of our daughter. In the midst of trying to cope with the grief of his fathers death at the same time as becoming a father himself, he believed there to be no rush pertaining to property in the trust. As it turns out, my husbands aunt (one of the adult children who was left $1. in the living trust) took it upon herself to secretly file a document with the court claiming to be the only successor to the trust, filed a quit claim deed on the house listed in the trust and then sold the home in a cash sale transaction as well as sold all other property in an estate type yard sale. We only recently found this out after driving by the house which is about a block away from where we live, and noticing all the changes to the property and then having it confirmed by some of the neighbors that live next to the sold parcel , who happen to be long time friends of my husbands and also know the new occupants of this home. Then come to find out not only did the sneaky aunt do all this, but she then lied on the documents pertaining to the sale of the parcel, claiming it to be only valued at $29,000. and selling it for $25,000. We also just found out rathat in actuality, she sold it for approx. $110,000. cash even though its appraisal value is at least twice that. She also stole a vintage vehicle and all its extras that was in my father in laws name, but when we called police they said it was a civil matter. Any help would be greatly appreciated. Thank you.
2 Answers from Attorneys
You need to meet with a probate litigator and take all documents - the trust, the court filings - to discuss them with the attorney.
I agree with Ms. Rouse. It would help if the trustee named under the trust were involved also.