Legal Question in Wills and Trusts in California
Need to open probate-property fraudulently transferred
Clara Spring purchased property as a widow in 1963. The property is a fourplex 1/2 block away from Sunset Blvd. and San Vicente Blvd. in Hollywood. She opened a yoga studio on the property and ran it for years. She eventually remarried ''Bill'' and died without probate because her property and bank accounts were no longer in her name. She suffered from Alzheimers for years prior to her death. 2. ''Bill'' died last year and left the property and accounts in a trust. The money was dispersed through his will. The property has not been sold and has not left the trust. 3. After ''Bill'' died, I discovered the quitclaim deed from Clara to ''Bill'' was signed less than a year before she died. He had insisted Clara had signed everything over to him many years before when she first started showing dementia. Big lie! 4. I just received her medical records from Cedars-Sinai. The day she was at Cedars Sinai with her husband requesting Haldol for her is the SAME day the quitclaim deed was signed! The medical records indicate at least two years prior she was completely senile and had already been suffering for years. Is this enough to open a quiet title action on the property challenging the trust and opening probate for Clara?
2 Answers from Attorneys
Re: Need to open probate-property fraudulently transferred
Yes. A person's state of mind at the time of a legal transfer of property is important. However, it may be difficult to prove her state of mind due to the amount of time that has passed and that both involved parties have since passed. If you are a potential beneficiary, you should seek legal counsel and file a motion to challenge the validity of the trust based on fraudulent transfer of property. Based on the scenario presented, the four-plex would probably have been her separate property.
Re: Need to open probate-property fraudulently transferred
Certainly the deed and the trust needs to be challenged. However, you have not given information as to your relationship with the matter sufficient to establish that you have grounds to litigate. Call me directly at (619) 222-3504.
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.
