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A deed of trf was notarized by a partial heir to a home that I am also heir. I pay rent to two other heirs. I this legal?

Santa Monica, CA |

Deed of trf was notarized by one of the partianl heirs. Her sibling is the executor, there are three other partial heirs. The home is debt free. The executor had the grantor , my grandfather sign the living trust 3 months prior to his death. I was under duress when I entered into the rental agreement.

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Attorney answers 4

Posted

I am not sure I understand the description. If your grandfather transferred the property into a trust three months before he died and that trust became irrevocable at his death then the inheritance claims of heirs do not apply to the property. The question then is who are the beneficiaries under the trust. Those beneficiaries are entitled to rent from any occupant. If you are one of the beneficiaries then a portion of the net rent (after expenses are paid) should go back to you. If the lease falsely claims that the two heirs are the owners then it can be modified to reflect the true state of affairs. While it is not clear you seem to say that an heir notarized your grandfather’s deed. I do not see a particular problem with that as long as that heir was a notary.

Posted

When the trust assumed ownership upon the death of the trustor, the trust languages should dictate whether your current lease is valid. In addition to you as a tenant, you may also be the beneficiary to the trust. Therefore, your dual roles may not be compatible with each other. Edward C. Ip www.lawyer4property.com

No attorney / client relationship established. The answr is for discussion and general information only. The lawyer had not reviewed any documents or contract prior to the above comments.

Asker

Posted

Since the rent I have been paying for the last 5 years was obtained under duress by the named executor who negelected to inform me of my beneficiary status and collected rent payable in her name, can I assume that this can be challenged and have all payments returned to me?

Chi Leung Ip

Chi Leung Ip

Posted

No further comment without going through the trust languages. Edward C. Ip www.lawyer4property.com

Posted

The trust instrument will dicate the rights and responsibilities of the parties.

If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.

Posted

In your last sentence you state a legal conclusion with no facts to support it. Most laymen have no idea what must be proven to set aside a lease of contract on the basis of duress. The showing is very very high. do not assume that whatever pressure you were under constitutes legal duress.