Quiet Title Action or Action to Remove Cloud on Title

[bigalcalbisque]

What is the name of your state (only U.S. law)? In California.

Father-In-Law passed away, no will, he had a personal trust...it cannot be located.
He wanted a Commercial Building that he owned to be passed down to my wife. His Widow and Son both agree and will sign any document to support my wife getting title of the property, so it is uncontested. They have each signed a Quit Claim Deed and we have a copy of the recorded Grant Deed from the County Recorders Office that list him as the trustee of his trust that the Grant Deed was Recorded In. The question is how do I go about filing a Quiet Title Action or Action to Remove Cloud on Title. Is this the direction I should be heading and do I need a Lawyer or can I do it myself with a little effort.
Also, Should I consult with a Title Officer, for the documents required.
Thank You In Advance, Al

 

[tranquility]

He wanted a Commercial Building that he owned to be passed down to my wife. His Widow and Son both agree and will sign any document to support my wife getting title of the property, so it is uncontested.

What he wanted is irrelvant unless the formalities were fulfilled.

The question is how do I go about filing a Quiet Title Action or Action to Remove Cloud on Title.

You need to see an attorney for tactial advice. I suspect you will not be able to quiet title without giving some up to another person. Look to the intestate succession laws of your state.

See an attorney. The facts may work out so that you can achieve what you want, but it is highly likely they do not.

Future people who will die (I think that's all of us.), make a will and/or trust and/or title property as you want it to pass. Anything else is a hassle which may not get to where you want to be.

 

[nextwife]

What is the name of your state (only U.S. law)? In California.

Father-In-Law passed away, no will, he had a personal trust...it cannot be located.
He wanted a Commercial Building that he owned to be passed down to my wife. His Widow and Son both agree and will sign any document to support my wife getting title of the property, so it is uncontested. They have each signed a Quit Claim Deed and we have a copy of the recorded Grant Deed from the County Recorders Office that list him as the trustee of his trust that the Grant Deed was Recorded In. The question is how do I go about filing a Quiet Title Action or Action to Remove Cloud on Title. Is this the direction I should be heading and do I need a Lawyer or can I do it myself with a little effort.
Also, Should I consult with a Title Officer, for the documents required.
Thank You In Advance, Al

WHAT type of cloud are you trying to remove? And the transfer of the RE to wife must be through probate, depending upon how title was held at death.

 

[HomeGuru]

What is the name of your state (only U.S. law)? In California.

Father-In-Law passed away, no will, he had a personal trust...it cannot be located.
He wanted a Commercial Building that he owned to be passed down to my wife. His Widow and Son both agree and will sign any document to support my wife getting title of the property, so it is uncontested. They have each signed a Quit Claim Deed and we have a copy of the recorded Grant Deed from the County Recorders Office that list him as the trustee of his trust that the Grant Deed was Recorded In. The question is how do I go about filing a Quiet Title Action or Action to Remove Cloud on Title. Is this the direction I should be heading and do I need a Lawyer or can I do it myself with a little effort.
Also, Should I consult with a Title Officer, for the documents required.
Thank You In Advance, Al

**A: first off the quit claim deeds may be of no value unless the probate court agrees to the trust entity The proper steps would have been to open probate, then have the probate court certify that the trust is exempt from probate. Then proceed.
Your post is confusing but if you stated that the father-in-law is listed as the Trustee of his (can't be located personal trust), I see problems down the line. That being that since the Trustee is deceased, probate court has jurisdiction.