Legal Question in Wills and Trusts in California
condo in irrevocable trust
The condo I live in is owned by my grandfather. However, it is in an irrevocable trust set up for me by my deceased grandmother. Can my grandfather choose to sell it without my consent? If he sells it, does the money go to him or into the trust for me?
2 Answers from Attorneys
Re: condo in irrevocable trust
You need to state what the exact terms of the trust are, as that controls what happens and what your grandfather can do. Also, does he own it or does the trust or are both owners?
Re: condo in irrevocable trust
I can only assume from the question that your grandfather is the trustee of an irrevocable trust established for your benefit. If that is the case, he can sell it, but if he does the funds must remain in the trust for your benefit and be appropriately invested until the event occurs which according to the trust agreement will result in the trust paying out for your benefit.
If you have not already done so, you should demand of your grandfather a copy of the trust document. If he does not give it to you, then you can file a lawsuit for an accounting which will force the issue.
What makes you think the condo is in a trust for your benefit, anyway?
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