Q: My uncle died in 2019, I provided notice a week after he died. He left property to me in his trust.
Now my other uncle has served me with a lawsuit a month ago to invalidate the trust. The property was left to me in the trust and I’ve already transferred into my name. What would prevent me from just selling the property or giving it to someone ?
A: Obviously, as the legal owner of the property, you can sell it or give it away, but if your uncle can prove by clear and convincing evidence that you weren't entitled to the property, then you can be held accountable for the sale proceeds or the fair market value of the gift, so sell or gift at your own peril. Whoever buys the property from you would likely be considered an innocent party, also known as a bona fide purchaser (for value), and would protected. Anyone who receives a gift from you could be required to give up that property if your uncle is able to prove a superior title.
Jackie Marie Howard agrees with this answer
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