When I said father was incompetent, I should have also said that he hasn't been DECLARED incompetent (yet). Does that change things?
Response 1: Unfortunately yes.
That is, what if she has him sign something?
Response 2: Yes.
Even though he can't understand - would that be legally valid?
Response 3: No, it would not. However, you would have to challenge it for the record, in Court as a financial abuse.
Should the children seek a declaration or custodian assignment, or is the wife driving this bus?
Response 4: The children should seek declaration and cite financial abuse as one of the reasons.
The property is in San Diego county, and father/wife live in Los Angeles county. If I understood properly, you are suggesting the children file suit in San Diego county so the notice can be recorded with the deed - is that correct?
Response 5: Yes, that is correct.
Finally, the trust copy that I read said that his wife would be the first successor trustee, with the children following, and that the property could not be sold until the last child passed away. Just fur further information.
Response 6: Good information, but just a start. You would need copies of all relevant documents. I am afraid that the wife is trying to pull a fast one here. However, the lawsuit should put a break to it.