Legal Question in Wills and Trusts in California
Timeshare
My deceased grandmother has a living trust in which I am listed as second trustee and my mother is listed as first. We have distributed and transferred all property etc. as she wished through the trust. The one remaining item is a timeshare property which is paid in full and the deed is held by the trust, so we thought. My grandmother signed in front of a notary an amendment adding this timeshare property to her trust. The amendment was created as an attachment to the trust showing her intentions, but the attorney overseeing her trust did not add it to the shcedule per her notarized intention. The attorny has washed his hands of it and now we do not know what to do to transfer this deed.
Please help.
2 Answers from Attorneys
Re: Timeshare
You will need to get a court order.
Re: Timeshare
hire a probate attorney to open a "probate" and file a hegstead petition. this is done when something was not placed or funded into the trust by accident and the court on good cause should just approve the petition and the asset goes into the trust without a problem. the attorney is possibly not familiar with this situation and you may have a claim agaginst him, may, for all the fees incured as damages. if he knew of the asset and did not fund it into the trust and knew of her intent and recieved before her death a copy of the amendment it should have been placed into the trust before her death. since i have doing this for over 30+ years there are not too many situations which do not have a solution. use a good attorny and don't do it yourself.
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