Lis Pendens, Real Property Claim, Challenge to Trustee of Trust holding Real Property, 1, 12
Shortly before his death, 90-year-old Mancini, amended his inter vivos trust to make his caregiver, Rollins, the sole trustee and beneficiary. Newell, Mancini’s daughter and pre-amendment beneficiary, sued Rollins to invalidate the trust amendment. Newell recorded a lis pendens on property that Rollins had purchased with trust funds and petitioned among other things for a turnover of that property. Held, the trial court erred in expunging the lis pendens. Newell’s petition stated a real property claim since, if successful, it would affect title to the property even though Rollins had taken title as trustee for the Mancini trust. That trust would continue to hold the beneficial interest in the property even if Newell won. But legal title is held in the name of the trustee, and if the amendment was nullified under Prob. Code 21380 due to presumed fraud or undue influence by a caregiver, Rollins would no longer be the trustee, so success of the claim would affect legal title. Thus, the claim satisfied the definition of a real property claim under CCP 405.4.