Legal Question in Family Law in California
Trust
My mother and I were in a trust. She was the trustor/trustee and I was a trustee. My mother was in a rest home and 11 days before she died my sister brought her papers to revoke me and as the trustee. My mother signed the revocation. ( My mother had been under hospice care for 3 months by then) My sister changed title and then I stopped making the house payment and destroyed my credit and foreclosed on the home. My sister didn't made a payment when I stopped. After the foreclosure there was @$100,000 in equity. Since my sisters name was on title, did she get the money? And, is that money do to me under the circumstances?
Thanks...
1 Answer from Attorneys
Re: Trust
If you are a beneficiary of the trust, you have the right to demand and receive an inventory and accounting of all assets and distributions. Your sister must give you the information pertaining to the foreclosure. If your sister spent any money on her personal interests, you may have a right to sue her for breach of her trustee duties.
If you are not a beneficiary of the trust because your sister had you removed just before your mom died, then you may have a right to sue for undue influence.
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