Legal Question in Wills and Trusts in California
Trust not filed
We purchased a home from the executor (her mother had recently passed). Various issues have recently surfaced and now we find the daughter transfered the home into her own trust and never filed the mother's trust with probate. The will that is on file repeatedly ref's the trust but gives no indication of who were to be the beneficiaries nor even if the daughter was truly the executor.
The various issues I allude to surround the mother's possible intent for her assests to go to several organizations she was deeply devoted to. In fact it has become overly obvious the mother and daughter were estranged and had been for many years. Couple this with the fact that the daugther is not the sole survivor as she indictated in paperwork and the fact she never disclosed other key facts and we are left to wonder what the mother's true intentions really were.
What is the best way to proceed? We want to make sure things are done as the decedant intended.
Be it of use or not, the daughter was a licensed real estate agent and never disclosed key facts surrounding that either. Bottom line is she utilized her knowledge to her benefit her in many different areas.
Thank you for your time.
Regards
4 Answers from Attorneys
Re: Trust not filed
I am not clear on your goals. Do you want to rescind the sale? Are you questioning whether or not you have good title? Contact me directly.
Re: Trust not filed
OK, let's start with the basics...if the home was part of a trust, there was no need for a Probate, that's part of the benefit of using a trust over a will alone.
What is your concern? You are a bonafide purchaser, for value, with no knowledge of these events...or is this ot the case?
Any siblings of the seller would have a cause of action against her, but unlikely one that would unwind your purchase. She may also be in trouble with the real estate licensing board, but again, this is for the siblings to worry about.
Maybe I'm not following your concern. Are you afraid of the deal being unwound/undone and you lose the home? Has anyone approaced you with any of these issues? How did you learn of these problems? Did you go through escow and title insurance?
There is a lot more information needed before I can give you a concrete answer to your situation. Perhaps it would be best if you contacted me directly, off this list, so the sensitive matters can be discussed in a private forum and not publically.
I can be reached through the info provided by LawGuru as well as through our firm's informative website, No-Probate.com.
Warmest Regards,
Scott
Re: Trust not filed
It appears that the decedent had a will that left property to a testamentary trust or an existing living trust. In either case, the real estate must be conveyed through probate, which provides court supervision and an opportunity to have competing claims adjudicated. That being said, if you purchased the home through the probate estate your deed should be good against the daughter.
Re: Trust not filed
Intent really doesn't matter in these types of things. If the house was placed in trust for the daughter's benefit, then it goes to the daughter unless you can invalidate the trust. There are several reasons to invalidate a trust, but I can't go into them here. Another way to proceed is to set aside the transfer deed, whereby the house was transferred from the decedent to the decedent's trust. You really need to consult with an attorney in person.
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