Probate/Trust question

2 Replies

1. Property is held in a trust

2. Trustee dies

3. Successor trustee wants nothing to do with the property and is drug addict. No other kin

4. Trust document is lost and no copies found at attorney's office

5. Taxes are delinquent and subject to tax deed sale next year.

6. Small mortgage of 30K left on the property

7. Some liens due to code enforcement violations also show up

8. I asked successor trustee to sign over any rights if he has any. He refuses and says he wants nothing to do with house or trust or anything. Court documents and attorney's statement confirm he denounces as being successor.

Here's my question... Can I just name myself as successor trustee to convey title WITH-OUT A PETITION? My county assessor does not need to see the trust doc. I would just need to stake a claim indicating I'm the successor by recording a change of trustee document. I am willing to pay liens and taxes. The bank says they will work with me as long as I am on title. I would hate to see the house go. This is almost like an adverse possession deal. 

Thanks for your help

Your druggie successor trustee may clean up long enough to to deal with this later were s/he to need money in a hurry so don't rule out that potential threat for later.

I've successfully complete a number of AP deals (and still own those properties today).

The problem with AP is that it's the tool of last resort as its time consuming, ever more difficult due to court-required noticing issues and a myriad of other problems that occur. 

I've had about an 80% success rate however and I consider myself one of the more savvy people in the "deceased and missing owner" sub-niche.

Here's another problem that's big: only a handful of attorneys qualified and experienced to complete an AP case. Many talk (remember I primarily live in the legal world) but few are worth their salt. My best guy had to recuse himself last year due to becoming, in his own words,'radioactive' while representing a guy who made national news in a very negative way. Damn I loved working with that attorney. 

What you are considering doing by falsifying a document could come back to haunt you later and it will be pretty hard to back pedal. If you PM me, I'll try to help you, but no promises. I don't offer to help like this very often.

Legal question. A complicated one, at that. Go see your real estate lawyer. Good luck.

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