My question involves estate proceedings in the state of: New Mexico
Mom and Dad created an Irrevocable GRIT Trust - then funded it with a ranch. Dad got ill, would not live to term of Trust so they removed the ranch from trust without all the beneficiaries approval and re-deeded it to themselves. Problem 1: Besides breech of fiduciary duty, you can't self-deal. Problem 2: The notary on the deed taking it from Trust to Community Property was improper. Problem 3: Lawyer drawing up new deed got signatures mixed up and they have improperly signed the deed; however, it was recorded.
Mom is now in probate with the ranch, and is requesting Distribution rights to the ranch so she can sell it. How does she get a clean title? How should we notify the court that Mom and Dad did not have permission to withdraw the ranch from the trust? I've been told that all the beneficiaries will need to give consent to sell the ranch in order to get a clean title, is this correct? What happens if 1 beneficiary declines approval?
Is there anyway to have this bad title voided, so that it reverts to the last good title where it was placed in the trust 13 years ago without filing a law suit?
Thank you.
Mom and Dad created an Irrevocable GRIT Trust - then funded it with a ranch. Dad got ill, would not live to term of Trust so they removed the ranch from trust without all the beneficiaries approval and re-deeded it to themselves. Problem 1: Besides breech of fiduciary duty, you can't self-deal. Problem 2: The notary on the deed taking it from Trust to Community Property was improper. Problem 3: Lawyer drawing up new deed got signatures mixed up and they have improperly signed the deed; however, it was recorded.
Mom is now in probate with the ranch, and is requesting Distribution rights to the ranch so she can sell it. How does she get a clean title? How should we notify the court that Mom and Dad did not have permission to withdraw the ranch from the trust? I've been told that all the beneficiaries will need to give consent to sell the ranch in order to get a clean title, is this correct? What happens if 1 beneficiary declines approval?
Is there anyway to have this bad title voided, so that it reverts to the last good title where it was placed in the trust 13 years ago without filing a law suit?
Thank you.
Probate Court Procedure: How to Quiet a Title in Probate
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