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Rick, she's all yours!
Posted by Kristine-CA on April 15, 2009 at 6:24 PM
In Reply to: title questtion posted by leigh on April 15, 2009 at 10:03 AM
Wow. This problem is still out there? Hasn't this been foreclosed on yet? Who made up the back payments. It was made clear to me that it couldn't be done. Interesting. Foreclosure is the best solution here, IMO. I also spoke extensively with you about this situation. As well as with the bene of the trust and the other heirs. I'm going to stand by my statement that NONE of you should do anything without the aid of an attorney. It's not the complicated, but you have the power to mess it up even more. Get yourself a probate attorney that understand your need to put the property back in the trust. Totally standard, not a big deal. If they say it's a big deal, you have the wrong attorney, or one who's never done a Hegstead petition. Transferring the property out of the trust with incorrect APNs, etc......? you are asking for trouble. As seems to be the M.O. here. Kristine
: Hoping Ward,Rick or any others would respond. There are two so.cal properties side by side. One is vacant lot the other is a tiny 1910 built house.Both are different apn numbers. Owner purchased properties in early 1970 it appears using only one grant deed. In 1998, owner created living trust and used one Trust transfer deed using both apn numbers on same deed,left other property out completely. Mistake by attorney #1. In 2005, owner realizes not all properties are in trust (there are 3) and hires attorney to replace all properties into trust (grant deeds-trust transfer deeds). Sadly, the owner dies 2008. Attorney #2 used either incorrect apn's (must have made up the apn on one, he even went so far as to reference the address next door on the deed for the vacant lot) and used the correct apn on another but wrong legal description on another. Somehow the properties are all in trust according to the tax assessor's office and when pulling the chain of title the trust transfers show for each property. My question is- When creating the affidavit of death and the new grant deeds to the benes (my new legal term according to Rick the probate guy's 2 hour pre-event talk in Los Angeles)should we ignore the mistakes then go back and correct them later? We have only found one grant deed for two parcels should we use that legal description for both properties and use two grant deeds? The original grant deeds (trust transfer deeds 2005)are missing. Please dont tell us to use an attorney-there is a new one but he is expensive and with the properties having huge liens and values so low and with no money at all(we made up 6 months of back payments) The attorney said he would have to research it meaning it will probably cost in the thousands and judging by their past behavior I think with some guidance we can figure it out. Any ideas? Yes I have spoke to the tax assessor, title insurance, recorders office etc. at length.My thought is to place the benes(I am a co-trustee only, not bene)on the affidavit of death and grant deeds for now then go back at a later date to correct them at a later date since we have to notify the tax assessor and the one of the benes wants one in their name and since one of the benes is not good. Thanks any help will be much appreciated. Not asking for legal advice-just opinions only.
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