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Am I going to lose everything?

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nnalorac

Member
What is the name of your state? What is the name of your state?California
My mom was visiting her sister in northern California and then went to see my brother, also in northern California. My husband and I were due to pick her up when California went into lockdown due to the Covid virus. My mom if 97 years old and I have serious health issues, my doctor advised me not to risk being exposed to the virus as I probable won’t survive.
We decided to postpone picking my mom up. My brother lives in a remote area with his closes neighbor being a mile away. We felt for her safety as well as mine to have her remain with my brother for the time being. My brother agreed to have her stay with him, if he was paid $1,500 a month. My brother was paid $1,500 a month from my mom’s bank account to cook her meals, and to find a doctor up there so she could continue to get her prescriptions. Durning this time my brother informed me that my mom was “loosing it and she would need a 24 hour caregiver when she returned home.” After my husband and I received our second Covid vaccine we made arrangement to pick my mom up.
We were scheduled to pick my mom up in about 2 weeks when my brother showed up unannounced with my mom. The following day her took her to see her attorney to have me removed as trustee and executor of her will and himself named trustee and executor. He then returned to his home up north with my mom that same day. I have no idea what other change he had my mom make to her will. I suspect if he hasn’t yet, he will have the will changed so he will inherit my mom’s home in southern California.
My parents original will was written with my brother inheriting their vacation home and property in northern California and me inheriting their property in southern California. My parent’s sizable investments were to be split between the two of us. Several years later my brother had moved into the northern California home and after the birth of his son my parents transferred the title to the northern California property into my brother’s name. This home and property was completely paid off debt free when my parents gave it to him.

I have a Trust Transfer Deed and a Quickclaim Deed but I don’t understand what they really mean. Does this mean that I really own the property or that if the Will is rewritten I can lose it to my brother if he is the trustee when my mother dies? These two documents are recorded as follows:

TRUST TRANSFER DEED

Conveyance transferring interest into a living trust, R & T 11930

Grantor my MOM’S name, trustee of ********* revocable living trust hereby grants to: MY NAME, Trustee of the First Amended and Restated My MOM’S NAME Restated Revocable Trust dated April 23, 2012 that real property in the City of Laguna Hills, County of Orange, State of California, described as follows: Commonly known as ADDRESS OF PROPERTY

Signed by my mom

QUICKCLAIM DEED

“This conveyance is a bonafide gift and the grantor received nothing in return R&T 11911.”

(Note: this quitclaim is to clear title on a wild deed when 5-7-08 deed from MY MOM’S NAME Trustee of the MY PARENT LAST NAME Revocable Living Trust to MY NAME, Successor Trustee of the MY PARENTS LAST NAME Family Trust dated May 7, 2008, was executed and recorded, MY NAME was not the trustee of the MY PARENTS LAST NAME Family Trust.)

FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,

MY NAME, Successor Trustee of THE *******FAMILY TRUST dated May 7, 2008, hereby REMISES, RELEASES AND QUITCLAIMS TO:

MY NAME, trustee of the First Amended and Restated MY MOM’S NAME Revocable Trust dated April 23, 2012, all of her right, title and interest in and to that real property in the City of Laguna Hills, County of Orange, State of California, legally described as set forth on Exhibit “A” attached hereto and by this reference made part hereof.

Commonly known as ADDRESS OF PROPERTY

Signed by me
MY NAME, Successor Trustee of the *****Family Trust dated May 7, 2008

Mail tax statements as directed above. Which states WHEN RECORED MAIL THIS AND TAX STATEMENTS TO:
My name and address


Thank you for taking the time to read this, any input or advise you can give me would be greatly appreciated.
 


adjusterjack

Senior Member
My advice: If that property is worth anything to you and you don't want to lose it, take all that paperwork to an attorney for proper advice rather giving strangers bits and pieces and hoping for guidance.

Some questions can only be answered by "Consult an attorney."
 

Zigner

Senior Member, Non-Attorney
Based on what you posted, YOU don't own the property...the trust does.

ETA: I agree with adjusterjack's post above. Consult with an attorney.
 

nnalorac

Member
Based on what you posted, YOU don't own the property...the trust does.

ETA: I agree with adjusterjack's post above. Consult with an attorney.
Thank you for your reply, I feel my brother is making a play to inherit everything. I was hoping that these two documents would protect me. Her attorney asked my brother to take her to her doctor in Northern California to determine if my mother is competent to make the changes. My brother lives in a very small community where everyone knows everyone. My mom's doctor in Northern California is a personal friend of my brother so I assume that he will write anything my brother wants.
I had a sister who was mentally retarded, autistic, she had severe behaviors. My mother abandoned my sister to a state hospital when she was 9. When I was 18 I had myself appointed her conservator. A few years later I married and my husband and I brought my sister home every other weekend. When the state hospitals closed I was able to negotiate with the state to pay for my sister to have her own apartment with 24 hour staff. I knew this was going to take sometime for my sister to adjust. I quit my job to become an unpaid caregiver for my sister. (the state would not pay for a family member to be a caregiver when she is in her own apartment.) For the first two years my sister had several caregivers in addition to myself. My sister's behaviors were so sever that none of the caregivers lasted more than a couple of shifts. I was my sister's sole caregiver for over 7 years. I finally found a caregiver that was able to handle my sister and she and I shared the responsibility of caring for her. My husband is an amazing man and I couldn't have done what I did for my sister without his support. Over the course of 11 years he withdrew the equity in our home to cover my loss of my income in order to pay the mortgage. We almost lost our home in pursuit of giving my sister a better life. My sister died 3 years ago while out with her other caregiver. My husband is 75 years old and still working, we have no retirement, I was counting on having my mother's condo's for financial security. My husband reminds me that we didn't do what we did for my sister, nor make the sacrifices we did for an inheritance. If my brother's greed take everything away, he'll have to live with it. Somehow I don't think l my brother will lose much sleep when he inherits over a million five hundred thousand when my mom dies.
 

nnalorac

Member
My advice: If that property is worth anything to you and you don't want to lose it, take all that paperwork to an attorney for proper advice rather giving strangers bits and pieces and hoping for guidance.

Some questions can only be answered by "Consult an attorney."
Thank you, I appreciate your advice.
 

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