Legal Question in Wills and Trusts in California
Dispute with stepfather about my mothers house, etc.
My stepfather refuses to even give me a copy of my moms living trust, and won't let me in her house. My mom left the house to my sister, stepfather, and myself, each owning one third, and allowing my stepdad to live there. The contents of the house were to go to my sister and I, but he won't let me in.
I would like to protect my share of the house, can I put a lien on it or anything like that? How can I ensure that he doesn't empty the house out before I finally get a copy of the living trust? (I have an attorney sending a letter of demand for it) What are my rights? Am I entitled to any punative damages for his total disreguard for my mothers wishes?
-the house was my moms way before she married this jerk 3 years ago, and she made these arrangements before she married him.
2 Answers from Attorneys
Re: Dispute with stepfather about my mothers house, etc.
Since you have already hired an attorney to look into it, follow his advice. California law was amended several years ago requiring the trust be given to beneficiaries of an irrevocable trust which this trust is once the trustor dies.
Re: Dispute with stepfather about my mothers house, etc.
If he is violating the terms of the trust you can go straight to probate court and having removed as trustee and possibly have yourself named as trustee. You should consult with an attorney familiar with probate practice as soon as possible. If you would like to discuss your case with me please feel free to call and I will not charge you for the phone call.
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