(1) The original deed is presumably in the son's possession.
(2) The Declaration of Trust names the successor trustee as the beneficiary:
Part 10. BeneficiariesAt the death of the grantor, the trustee shall distribute the trust property as follows: 1. John Doe's interest in the trust property shall be given to Jane Doe, his daughter, including the house at [...] in County and the land on which the house is situated.
Jane Doe also being the Successor Trustee.
Relist: Other. After asking a couple of questions, the attorney opted out, as he is from Texas and my question is a California real estate question. Basically he did not provide any answer.
Hello. Another expert here and I'll try to assist. The recorded chain of title to the mother is complete and unbroken. As far as the general public and future buyers or lenders are concerned, she is the owner in fee simple. The son could file suit against her based on his unrecorded deed which I presume is validly executed and is dated prior to the deed to the mother from herself as trustee. He would of course have to produce his original signed deed. Without that, he is out of luck. The son's contention would be that when mother delivered the deed to him he became the owner as between him and his mother. She could not defeat that interest herself by doing what she did. That is the only legal leg that he has to stand on. If mother sells the property or mortgages it to someone who doesn't know about the son's deed, his interest will be cut off by the new owner or lender.
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In the unlikely event the son does find the deed which granted him the Property, and does proceed to file suit, and is able to produced the original notarized deed, how will the court rule?
His mother the Successor Trustee executed that deed to him prior to the death of the Trustor. It was signed and notarized in 2008, before her role as the Successor Trustee was activated.The Trustor died in 2012. In other words, she did not actually have authority to execute that deed at the time that she did. She did so, she said, just in case something happened to her, she wanted to make sure her son gets the Property.
Would not the fact that she signed that deed prior to the Trustor's death, void the deed to her son (or is the proper word "invalidate"?).
Hello again. You originally said the deed was executed after the trustor died. But the new information changes everything. Her first deed is void for the very reasons you gave. It transferred no title to the son. Mom wins.
Thank you very much. Sorry, I was incorrect as to the timeframe mother deeded the property to the son when I posted initially. After I looked at the documents again, I saw she did it, as stated in my last post - in 2008 prior to the Trustor's death in 2012. I have no more questions.
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