QUESTION
Is my living trust valid even though it was not notarized?
Asked on Jan 20th, 2016 on Estate Planning - California
More details to this question:
My father had an atty. in 2011 to prepare a living trust naming me as the person to get the property, but the trust was not done correctly. Now his daughter from a previous marriage took him to an atty. to sign over the property to her. We did not find out until we got the Quit Claim Deed in the mail. He claim to say that he did not do it. Can the trust be enforced without being executed?
1 ANSWER
Estate Litigation Attorney serving Redlands, CA
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If the trust does not own the real estate, then the trust document is irrelevant.
If your father has transferred the property to her, then the only way for him to get the property back is to sue for quiet title because he didn't intend to transfer the property, there was a mistake, fraud, undue influence, etc.
Contact an attorney for a full consultation.
Answered on Jan 23rd, 2016 at 10:02 PM