Q: How can I recover a property gifted to me that was mishandled by a custodian?

A: 26 years later is not the time to sue for land. Hire a CA attorney to search the title, including tax payments. If a trust was involved, you might have some causes of actions under trust statutes. Tolling the SOL may not work. Ultimately you want a suit for Ejectment and Quiet Title against all possible claimants.

A: You can start by gathering all documents that show any connection between you and the apartment building, especially those tax records linked to your Social Security number. Look for any written agreements, letters, or financial records that might help prove the property was gifted to you and that the custodian was holding it on your behalf. Even if the gift wasn’t formally recorded, consistent treatment of the property as yours (such as tax filings) can help support your claim.

Since the custodian passed away and her heirs now claim ownership, you may need to file a civil lawsuit in probate or civil court to assert your ownership rights. In your petition, you can allege that the property was held in a constructive trust for you and that the transfer to the custodian’s children was improper. Courts in California can recognize constructive trusts when property is wrongfully retained or transferred by someone who had a duty to hold it for another.

You should also act quickly. Legal doctrines like laches or statutes of limitations could be raised by the current holders to argue that you waited too long to bring your claim. However, if you only discovered the wrongdoing recently, that fact could support tolling or delaying those deadlines. Be clear about when and how you discovered the tax documents, and be prepared to explain your previous understanding with the custodian.