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I was served with a TRO to stop me from selling a vehicle that my father transferred title to me before his passing.

Santa Barbara, CA |

Now my step mother is saying that I committed perjury/fraud/burglary/theft. There is a court hearing for an OSC for an Injunction and a complaint for trespass and conversion. Her allegations are completely false. I have 7+ witnesses to the fact but no lawyer. I have no interest in selling the vehicle as it is a greater value to me as a tangible asset. I need help.

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Attorney answers 3

Posted

A TRO indicates there is a serious claim being made, which will require immediate attention to prepare for the injunction hearing.

You need assistance from an attorney experienced in litigation and probate. To present your side, will require addressing these allegations.

If you do not already know an attorney, you may seek assistance from a local attorney, by searching this site at the tab above Find a Lawyer, by searching for board certified attorneys, by Martindale-Hubbell, which also evaluates attorneys, and from other sources.

General legal advice is offered for educational purposes only. A consultation with a qualified attorney is required to determine specific legal advice as to your situation and applicable law. We are a debt relief agency and we help people file for relief under the bankruptcy laws.

Asker

Posted

I don't know if probate applies, they have a revocable living trust in which I was named the beneficiary to both of their vehicles, he gifted his work truck to me prior to his passing and gifted other items named in the trust to my siblings. She is not contesting any of the other items which are worth tens of thousands more than what the truck is worth. It's a 2002 Ford Ranger that was used for his painting contracting business. KBB is about $3000, if even that. She is claiming that she needs the money to pay his medical bills, but she has spent more on filing and attorney fees than the truck is worth. She gave away $11,000 to his sister, my aunt, after his death and has been withdrawing $500 per day from her bank account, for what we don't know. I question her motives.

Asker

Posted

I guess my question here is whether or not she has the right to revoke my father's intent to gift me the vehicle under California Community Property Laws. He was the sole owner of the vehicle with his name only on the title.

Asker

Posted

I am also going to add that she did agree to to the transfer (I have witnesses) but after his death has had a change of heart.

Posted

You need an attorney. Under certain circumstances you may be entitled to a reimbusementvfor attorney fees if taro is dissolved. Theclawcis clear a gift given with donative intent is absolute. All you have to prove is the donative intent by documents and witnesses. They would then have to prove undue influence or no capacity to make a gift. Get an attorney as quickly as you were served

Posted

You really need to sit down with a lawyer and get an opinion as to how to handle this lawsuit. Without reading the application for the TRO and OSC and the underlying complaint, a lawyer can't really help online. Many firms, like mine, will give you a free consultation. You should search for a Civil Litigation lawyer in your area. Don't forget to look for free consultations. If you can't find someone in your area, the look for legal aid. I did a quick google search and found the legal aid society of Santa Barbara. I bet they will help guide you in the right direction. I am adding their link to this response.

Kevin A. Spainhour, Esq. Spainhour Law Group www.slglawyer.com.

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