Legal Question in Wills and Trusts in California

Im in California and a friend of mines step sister is the trustee to his mom and dads estate , he is the only child from this marriage and she is evicting him out of his house that she knows parents gave him but did nt put it in writing before they died. mom died 9-2016 and probate still hasnt been notified and shes selling all property and theres no inventory of assets or nothing....all form for probate seems to be --your the petitioner then you want to be the administrator....no he wants to petition but still name her the administrator / trustee so she is accountable for what shes done.....what forms do we have to file with the courts to do this????


Asked on 4/26/17, 2:18 pm

1 Answer from Attorneys
Aaron Feldman Feldman Law Group

Sounds like there is a Trust, so there wouldn't be any Probate or need to go to Court. But, all beneficiaries and heirs are supposed to receive a formal Notice within 60 days after the last parent has died and your friend would be entitled to a copy of the Trust so he would know what he is or is not entitled to. Selling trust property may be allowed. Usually assets are sold and the beneficiaries receive cash distributions, but in some cases a beneficiary may take what is called an in-kind distribution in lieu of cash. They need to speak with a lawyer to see if any action is warranted to compel the Trustee to provide information or to stop the Trustee from taking certain actions.

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Answered on 4/26/17, 2:53 pm


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