Incorrect transfer of title

[sharona3]

Jurisdiction

California

My parents deeded a their 50% share in a small cabin to me in 2004. My cousins own the other 50%. Since that time, I have paid the 50% (my share) of the property taxes, utilities, homeowners insurance and maintenance. In addition, I paid for a remodel and major septic work. I have emails from my parents saying it is my cabin, tax records that show me as the assessed owner and many other documents.

I am assuming they are feeling guilty for giving it to me and not all 3 of their kids. They are 84 and one of my brothers is living at their home and has been unemployed for 1 1/2 years. He is not their care giver.

We get along very well so I was shocked to receive a letter from their new attorney. They are rewriting their trust. They are telling me when my Dad quit claimed the cabin to me, he did it as himself. Their trust actually had to quitclaim it to me. They say it was a defective deed and are going to court to cancel the deed and quiet title. I had an attorney friend look at the deeds and he said they were correct. They are planning on putting it back into their trust.

I have spent over $60,000 dollars in the last 14 years and now they are taking it back. I am assuming they will give it to the 3 children equally. Unfortunately, my brothers can't afford the upkeep. I do not want to have one of these crazy family fights because I love my parents. However, they have left me no choice. What are my options?

 

[mightymoose]

What documentation exists to show that your cousins have a 50% share?

Your options are few... There isn't anything to do until someone takes action against you. When they do you then respond as necessary.
For now it seems you've already taken the best first step which is to have your own attorney review the documents. You will need legal assistance to straighten things out if they pursue this.

 

[sharona3]

What documentation exists to show that your cousins have a 50% share?

Your options are few... There isn't anything to do until someone takes action against you. When they do you then respond as necessary.
For now it seems you've already taken the best first step which is to have your own attorney review the documents. You will need legal assistance to straighten things out if they pursue this.

There is a deed showing their 50% ownership.

 

[army judge]

What are my options?

You have no options.
Your father or his attorney informed you correctly.
The trust owns the property.
Your father had no legal authority to gift you the property.

If I were you, however, I would ask not to be included on the deed.
Why?
Because your deadbeat siblings will stiff you.
You'll end up carrying all the weight, yet only hold about a 17% interest in the property.
Nothing good ever happens when MORE than two people are on any deed.

 

[zddoodah]

My parents deeded a their 50% share in a small cabin to me in 2004.

So...just to clarify the starting point of all this:

Prior to 2004, your parents jointly owned 100% of the cabin. In 2004, both of them deeded a 50% interest to you, and you and your parents have jointly owned it ever since then. Correct?

I have emails from my parents saying it is my cabin, tax records that show me as the assessed owner and many other documents.

And you have a copy of the deed signed by your parents and recorded with the ____ County Recorder, right?

I was shocked to receive a letter from their new attorney. They are rewriting their trust. They are telling me when my Dad quit claimed the cabin to me, he did it as himself. Their trust actually had to quitclaim it to me.

"They" being your parents through their attorney? In any event, does this mean that, sometime prior to the deed that your parents gave you, they transferred ownership of the cabin into the trust?

now they are taking it back.

Well...no...now they're going to try and take it back.

What are my options?

Option #1: Accede to what your parents want.
Option #2: Oppose what your parents want (whether vigorously or to some lesser extent).

Hard to believe you didn't know this.

 

[ElleMD]

What is it that you want to do? If the cabin was not properly deeded to you, that is going to become an issue sooner or later. Better to deal with this now than after your parents have passed and it comes as a surprise. If you wish to know your parents' intentions for the property, you will have to ask them. Now is the time to have those conversations.

It appears that you have paid $60K over the past 14 years to enjoy the use of the cabin. That's not an uncommon amount to have spent on vacations.

 

[mightymoose]

Even if you lose ownership you may be able to get a lien on the property because of your investment in it over such a long period of time.
Your questions should be directed to the attorney you have already asked to review your documents.