Legal Question in Real Estate Law in California

my question is can a trustee of a family trust sell a property from out of under us?i and my 10 year old boy have lived in the family home allof his life.his father died and my son is half owner.we were informed that he is selling and get out basicly!we dont want this and have financing in place however he will not let us remain ,we have no where to go and feel slighted and cheated..is there any help such as child advacate groups and or resourses protecting our rights?


Asked on 2/13/16, 10:53 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Child-advocacy groups might be able to offer some help, but I think the legal issues are likely to be beyond their immediate resources and they will just refer you to a lawyer or some legal-aid group. The basic problem here is that trusts and trustees' powers differ so widely from situation to situation that there is just no way to tell without an expert reading of the trust terms to know whether the trustee is acting within his authority under the trust, and if so, whether he has any discretion, and if he has discretion, why he has chosen to sell at this particular time. Furthermore, the side questions arise as to how much of the proceeds of sale will you receive (if any), and do you have the right to be the purchaser. Do you have, or can you obtain, a copy of the trust document? Try to, then take it to an attorney who specializes in trusts for an initial and hopefully free initial consultation.

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Answered on 2/14/16, 2:34 pm


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