Legal Question in Wills and Trusts in California
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?
1 Answer from Attorneys
Re: Open probate - property fraudulently transferred
If I remember correctly, Haladol is an anti-psychotic and not a dementia medicine. It may be used for dementia and frequently dementia symptoms appear as another problem, such as depression.
Have someone look over the medical records as soon as possible. Depending on what transpired, you may want to open an estate and/or file a quiet title action.
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