Legal Question in Wills and Trusts in California
How could my sister in law take away my percent of a home that I inheritated from my Grandma the grant deed says I am 50 percent owner as a married individual sole separate property and my brother is 50 percent owner as a sole and separate property.. My brother's new wife did a trust recently and put the property into the trust
Now we are trying to sell it and are having all kinds of title troubles. My realtor says she should not have done it and the title company says it was done wrong. I was never aware of this new trust nor did i ever recieve or sign anything? I think my new sister in law is a crook? Please help?
2 Answers from Attorneys
Your brother and his wife could only transfer his one-half interest into their living trust. And, you can't sell your half without the co-operation of your co-owner anyway, so your scenario doesn't make sense. If you are in agreement about selling the house, obviously fixing any mix-up in the title is part of the deal. I'm afraid there's no way to help you based on the information provided. If the title company can't straighten it out, you're going to have to bring all the documentation to a lawyer for review.
I agree with Ms. Cusack. No one can transfer your interest without you signing a deed, a court order, or some type of foreclosure process. You are not clear on whether your name was forged, or are just upset that half of the title is held by a trust.
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