Q: What form would I file with my proof of deed, DPOA, and bill of sale from 3 years before death of owner to prove i own

A: In California, if you need to counter an order determining trust ownership and seek an order authorizing the transfer of property to an individual instead of a trust, you would typically file a petition or objection in the probate or civil court handling the trust proceedings. This should be accompanied by a declaration or affidavit detailing your claim, attaching your proof of deed, durable power of attorney (DPOA), and bill of sale. You should reference the relevant case number and clearly outline the legal and factual basis for your claim to ownership.

If the case is complex or involves significant assets, you might also consider a motion for summary judgment if the facts are undisputed and they clearly favor your position. It's crucial to ensure all filings comply with the California Probate Code and the local court rules. You may want to review the California Probate Code sections related to the administration of trusts, particularly those sections concerning the transfer of assets and the rights of beneficiaries and third parties.

If there is urgency to your claim, consider also filing a request for a temporary restraining order to prevent the transfer of the property to the trust while the matter is resolved. Always ensure timely service of all documents to interested parties and the trustee.

A: If a lawyer tells you the names of all the documents you need to file with the court, it will not help you unless you know how to draft the documents and what elements must be included in each one. In your situation, you really need an attorney to advise you because you could potentially have liability — depending on how you obtained title to the real estate. So, this is a serious situation.

I respectfully disagree with the other attorney who responded that you should attach a Durable Power of Attorney (DPOA) because the purpose of a DPOA is for one person to handle the financial affairs of another person, who is either mentally incapacitated or in need of help for some other reason. The person handling the affairs under a DPOA is known as an “agent” and that person’s job is to use the assets of the other person (known as the “principal”) for the benefit of that other person. For example, if a parent has advanced Alzheimer’s and a child is named as the agent in the DPOA, then the child is legally obligated to take her parent’s money to pay the parent’s bills. But, if the child takes the parent’s money and buys herself a new car, she will have violated her legal duties and could be sued and forced to return the money she illegally took from the parent. Taking advantage of an incapacitated person is a serious offense. In your case, if you were the agent under a DPOA and you were somehow able to get title to the principal’s real estate, you will have to explain to the court how that happened. The way that explanation is worded is incredibly important. That’s why I suggest you hire an attorney before the hearing during which a judge will decide if the real estate belongs to you or the trust. Best wishes.