Legal Question in Wills and Trusts in California
Years ago I was trustee for my mother's trust. Our attorney drew up a quitclaim deed, he thought would correct bad language in a grant deed that I had sign when distributing the timber property to my six siblings that we own equality together. I signed and notarized this new deed and mailed it on to the next sibling. Four of us signed and notarized it. The fifth sibling refused to sign or return it. It turns out it too was done wrong and should have never been signed. How do you get this deed from her and how do you void a legal document of this kind?
3 Answers from Attorneys
Preferably by ripping it up. As long as it is never recorded it cannot do any harm.
Suggest you seek the services of a good real estate lawyer to prepare the necessary documents to clear title; which may include a court motion based upon the trust and you as trustee; to obtain an order compelling all interested parties to come into court to sign off or agree to allow you to issue a new deed and recording the same. Better to clear this matter now then in the future, when a sale of the property may be desired, or compelled by one of the persons via a petition to partition action; clear title will be required by a buyer, via a title company if a sale is agreed to or court ordered.
Your remedy depends on what the defect in the deed is, and whether or not it was recorded.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
