How Lis Pendens Protects Trust Property in California

When real estate is involved in a trust dispute, one of the most powerful tools a beneficiary has is the lis pendens — a recorded notice alerting potential buyers or lenders that the property may be tied up in a lawsuit. The recent California case Newell v. Superior Court clarifies exactly when this tool can be used in trust and probate litigation. This guide from Inheritance Recovery explains how you may use a lis pendens in trust disputes, what the Newell case teaches, and how to protect your rights.

1. What Is a Lis Pendens and How Does It Work?

A lis pendens (Latin: “suit pending”) is a public notice filed in county land records that a lawsuit exists which may affect title to or possession of specific real property. Justia Law+1 It warns that anyone acquiring the property stands the risk of being bound by the outcome of the litigation.
Under California Code of Civil Procedure § 405.4, the underlying lawsuit must include a “real property claim” in order for a lis pendens to be valid — meaning the relief sought would affect the title or right to possession of the property. Justia Law+1

2. The Newell Case: Why It Matters

In Newell v. Superior Court (2024) 107 Cal.App.5th 728, the Court of Appeal held that a petition to remove a trustee of a trust that holds real property does amount to a real property claim, and thus supports filing a lis pendens. Justia Law+1
Key facts:

• A trust-maker named his caregiver as successor trustee and sole beneficiary.
• The caregiver used trust assets to purchase real property in her name as trustee.
• The beneficiary recorded a lis pendens and sought to remove the trustee.
• The probate court dismissed the lis pendens, saying the action didn’t affect title.
• The appellate court reversed, holding that because the trustee holds legal title, changing the trustee changes the titleholder and therefore qualifies as affecting title. California Lawyers Association+1

This decision is significant because it means that in trust disputes involving real estate, beneficiaries may have stronger recourse to protect property via lis pendens than previously assumed.

3. When Can a Lis Pendens Be Filed in a Trust Dispute?

You may consider filing a lis pendens when:

• Real property held in trust is at risk of being sold or encumbered while litigation is pending.
• The trustee’s name on title may change as a result of the dispute (for example, if removal is sought).
• A petition or complaint clearly alleges how title or possession of the property will be affected.
  However, you must ensure the lawsuit includes a real property claim under § 405.4; otherwise the lis pendens may be expunged. RELAW, APC+1

4. Strategic Steps for Beneficiaries

• Evaluate your case quickly — If real estate is involved, time is of the essence.
• Ensure your petition clearly alleges title/possession impact — The Newell case shows that simply changing trustee can qualify, but the pleadings must articulate it.
• Record the lis pendens — Make sure it is filed in the correct county and correctly identifies the property.
• Be prepared for an expungement motion — Under CCP § 405.31–405.38, the opposing party can move to expunge the notice; you must show probable validity of your real property claim. journal.firsttuesday.us+1

• Work with experienced counsel — Handling the interplay of trust litigation, real property and lis pendens is complex; the team at Inheritance Recovery can help.

5. How Inheritance Recovery Can Help

At Inheritance Recovery, we specialise in California trust and estate disputes — including those involving real property, trusteeship changes, and lis pendens strategy. We can:

• Assess whether your situation supports a valid lis pendens.
• Draft pleadings that clearly allege a real property claim.
• Record the notice and protect your property interests.
• Defend against motions to expunge and keep your litigation strategy on track.

Conclusion

If you’re involved in a trust dispute with real estate at stake, a lis pendens may be a powerful tool to protect the property while litigation plays out. The Newell decision confirms when and how this strategy applies in California.

If you need help evaluating your trust dispute, real estate exposure or planned lis pendens filing, contact Inheritance Recovery for a confidential consultation.