May 31st, 2010
How do I stop trust member from selling property before probate court can act?
My dad recently passed away and he was 1/3 owner of a trust set up by his mother to protect two parcels of acreage from ever being sold. When we contacted the brother and sister (the other two names on the trust), they indicated that they were going to sell the property and they had my dad sign a power of attorney a few months ago when he first became ill.
I realize that the power of attorney they had is now invalid- BUT, how do I contact the proper courts (I know deed #’s lot #’s, courthouse locations, etc.) to stop any sale of this property until I can obtain copies of the trust to understand what my rights are. I would think the faster I contact them with the fact of his death, that would at least insure I am involved in any pending sale. Also- one of the propertys is being sold BELOW tax value to one of the 1/3 parties.. which sure sounds like a scam to me!! I just want to know WHAT to file and with WHO? Most docs do not address this that I’ve found. Thanks so much !!
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Filed under: Sell Property
Find an attorney who deals with real estate and probate matters. In order to protect your interests, you will want to file a lis pendens claim right away. That notifies any purchasing parties that there is a cloud on the title and there is someone (you) who has an interest in the property. And nobody in their right mind will purchase property that has a cloud on the title. A cloud on a title means someone who is not a party to their contract has a prior interest in the property.
Your state may call it something else, that’s why you need to get an attorney involved.
That should hold everything up until you get sufficient information to find out what your rights and interests are.
Good luck.
It’s not necessarily a scam.
You don’t know anything until you see the trust documents.
It’s possible that nothing descends to you under the trust, which would mean the Probate court has no jurisdiction over the matter.
It’s possible that the Trustees were the three beneficiaries, and have the power to sell the properties.
Search your father’s files and find the Trust document. You’re nowhere without it.
Hire an attorney to file an injunction to protect the assets of the trust.
Unfortunately, many people attempt to do things themselves, or wait too long.
Pay the extra bucks and hire a professional to assist ou.
Good luck!