Revocable trusts and trustee

[Willie1178]

What is the name of your state? California
My mom quick claim deed to her sister in 04 for a lien and to refinance and put her sister husband on. Today is the first time we seen the trust we knew there was one but my mom never saw until today. they 50/50 owners with second beneficiaries in the revocable trust. Does my mom have any legal action or is it a lost cause after she sign quick claim to her sister the other trustee she is only one on deed now.

 

[LdiJ]

What is the name of your state? California
My mom quick claim deed to her sister in 04 for a lien and to refinance and put her sister husband on. Today is the first time we seen the trust we knew there was one but my mom never saw until today. they 50/50 owners with second beneficiaries in the revocable trust. Does my mom have any legal action or is it a lost cause after she sign quick claim to her sister the other trustee she is only one on deed now.

So, your mother gave the property in question to her sister 15 years ago (that is what a quit claim deed is for) and now she wants to take it back? No, that is not possible. However you use she and her so much its a bit difficult to determine who you are talking about. I also cannot tell if the "they" you mention is your mom and her sister, or the sister and her husband.

 

[justalayman]

Did she transfer the property to her sister or to her sister as trustee of some trust?

If the first, well, mom gave away her house

If the latter, well, to start with: whose trust is it? If it is revocable, we need to know who the trustor also known as the grantor or settlor. That is the person whose assets have been placed into the trust. Since you stated it is a revocable trust, if this is your mothers trust, all is not lost. If it’s somebody else’s trust, well, we’ll see,where this goes with some info.

 

[Taxing Matters]

I don't have the benefit of reading the deeds involved or the trust instrument. The timing of everything matters, too. Also, your write up of the facts is a little unclear. I suggest your mother take copies of those documents to a real estate lawyer for advice about where she stands now and what options she has. I don't think we can sort that out here for her without reading the documents and talking with her about what the deal was supposed to be with her sister.

 

[Willie1178]

So, your mother gave the property in question to her sister 15 years ago (that is what a quit claim deed is for) and now she wants to take it back? No, that is not possible. However you use she and her so much its a bit difficult to determine who you are talking about. I also cannot tell if the "they" you mention is your mom and her sister, or the sister and her husband.

They are the trustees, so basically my mom got screwed because there we verbal agreement after all the refinancing and such my mom was to be put ba I on deed she had no idea what she was do ik ng meaning my mom because a person in who new they were not going to be put back on would have asked to be bought out at that point. One more thing under beneficiaries is me and my aunts daughter my cousin now question would she be the one to get possession after my aunt dies instead of her brother because it's set up that way in the trust she is trying to leave it to her brother my aunts sister does the sister her daughter have leagal action if its left to son I stead of her daughter

 

[Willie1178]

Did she transfer the property to her sister or to her sister as trustee of some trust?

If the first, well, mom gave away her house

If the latter, well, to start with: whose trust is it? If it is revocable, we need to know who the trustor also known as the grantor or settlor. That is the person whose assets have been placed into the trust. Since you stated it is a revocable trust, if this is your mothers trust, all is not lost. If it’s somebody else’s trust, well, we’ll see,where this goes with some info.

My mom and her sister there dad and mom my grandparents left my mom and her sister the house the trustees and me I'm the son of the sister who signed off of deed and the other one mentioned is the other beneficiary the sister of the ones who is only one title now.l her daughter.

 

[justalayman]

You didn’t really answer any of my questions.

Plus you need to take your time when writing. Your writings are confusing and very difficult to follow.

I don’t even see where the trust is involved. If the property was signed over to the sister and not to “the sister as trustee of [xyz] trust, it now belongs to the sister. The trust is not involved.


As taxing matters suggested, it would be a good idea to gather all of the germane documents and talk with a lawyer.