Legal Question in Real Estate Law in California

Our home

My husbands mother gave us a home it was in her name when she died her daughter became trustee of trust which the house was not in 2 yrs after mother died she had her lawyer go back to 94 redo taxes and had him had the house to the trust as of that date she then had herself as trustee of the trust give the house to herself as a single woman than when i caught her she as a single woman gave the house to herself again as trustee of the trust and evicted my family who had been living ing this home for 12 years we had a will from mother leaving us the home which was not in the trust is there any thing i can do to regain my families home


Asked on 3/01/09, 3:44 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Our home

Consult with counsel to see IF you have any grounds to file a suit for fraudulent transfer, damages, etc. He'll need to know ALL the actual facts, evidence, timing, etc. to determine what and whether you can do anything now. You're not going to succeed in that kind of legal action without experienced counsel. Feel free to contact me if serious about doing so.

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Answered on 3/02/09, 2:46 pm
Roy Hoffman Law Offices of Roy A. Hoffman

Re: Our home

You need to take all of the documents you have concerning this matter to an attorney in your area. The only way a piece of real property can be transferred into a trust AFTER the death of the trustor (if it was not transferred into the trust before the death) is by order of the Probate Court. Any transfer from your sister to anyone after death would be invalid unless your mother transferred title to herself and your sister as joint tenants BEFORE she passed away.

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Answered on 3/01/09, 4:03 pm


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