Contesting a "transfer" by trustee

[Trustee2b]

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

My grandparents had a trust, with their home as the only asset in the trust. The home was to be distributed to the living spouse upon the death of either grandparent, and then to their oldest child (i.e., my aunt) after the death of both grandparents. After my grandmother passed, my grandfather, then the trustee, transferred the house to his oldest child, my aunt; this was about 5 years ago. My grandfather passed away a few months ago. My father and his other siblings believe that their oldest sibling, i.e., my aunt to whom the house was transferred, pulled a fast one on them because, based on my grandfather's verbal accounts, he did not really wish to transfer the house to my aunt, and would have liked to divide it amongst all of his children. He was also very old, and so there is a question as to whether he had the competence/capacity necessary to effect the transfer. The transfer was done with only my grandfather, my aunt and her husband, and a couple of lawyers/notaries present, i.e., none of the other children who now claim a piece of the property was present, and so the other children suspect that their father was forced to make the transfer. Questions: is there any way to challenge or "invalidate" the transfer from my grandfather to my aunt? Is there a statute of limitations for doing so? If the transfer is, somehow, invalidated, would the house go back into the trust, so that the property would go back to my aunt anyway (since both grandparents are now passed), or would the property go into probate, since the trust no longer exists, and my grandparents didn't have a separate will, etc.?

Thanks much!

 

[curb1]

You said, "my grandfather, then the trustee, transferred the house to his oldest child, my aunt; this was about 5 years ago". Did anyone know about this at the time? Did grandfather mention this transfer? Was he mentally competent during the five years until his death?

From the information you have given, there will be a very difficult situation to change. How much is the house worth?

 

[Trustee2b]

Thanks for your reply. Yes, at least 2 of the other siblings knew about it, but apparently decided not to cause a "family feud" while grandfather was still alive. And yes, grandfather had mentioned it, and that is how the rest of the siblings found out that he had not wanted to make the transfer. During the past 5 years, grandfather had lucid periods, and periods in which he was not so lucid/competent. The house is worth about $1 million.

 

[curb1]

You said, "that is how the rest of the siblings found out that he had not wanted to make the transfer". The time to have acted was when he said "he had not wanted to make the transfer". He would have had to say that he transfered the property while under duress. Since he did nothing about the transfer, I can't imagine a successful challenge. Maybe someone else has a more optimistic conclusion.

 

[Trustee2b]

Thanks again. I know that, given your response, this may be an academic question, but what is your view about my last question, i.e., assuming the transfer were somehow invalidated, what happens to the house, is it back in some "trust", or will it have to go through probate?

P.s., are you an attorney?

 

[curb1]

P.S., no.