Legal Question in Wills and Trusts in California

Trust v.s.Quickclaim deed

My wife's grandmother had a living trust,my wife (exec) and her uncle(trustee) .Trust stated her home and property was to be left to my wife and kids the rest was to be spilt half.Her grandmother passed away in Dec 05, shortly after her uncle showed up with a quickclaim deed dated 99 recorded Nov.05 the trust was made in early 04.Does the trust overide the quickclaim.Also in 01 there was a loan taken which was just paid off in 05, so the bank had the deed,wouldn't that invaild his deed. Then my wife recieved this new contract made up by uncles attorney stating that the trust had nothing to do with the property, if we would like to live there we become tenants under strict guidlines.Of course we are not signing but how can he say the trust has nothing to do with property when this whole ordeal started from not following the trust. As of right now the property states it belongs to her uncle. he is trying to sell the property whats our next best step.


Asked on 2/16/07, 6:55 pm

1 Answer from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Trust vs.Quitclaim deed

I'd have to see the chain of title--was there a deed into the trust that was recorded before the uncle recorded his? It's worth reviewing, and an attorney would need to look at the series of deeds regarding the property, including the loans, and the trust.

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Answered on 2/16/07, 7:01 pm


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