Legal Question in Wills and Trusts in California

eviction under successor trustee

Mother controlled property under a living trust for 12 yrs., prolonged litigation in probate court by the heirs (over a reverse mortgage, accounting and title), who lost in probate. During probate they had a mediation settlement which was denied by judge. After they lost in probate, the heirs filed a separate suit to enforce the mediation settlement which meant mother losing trusteeship and moving out. To sweeten the pot the heirs gave mom some money, and pressed her to quitclaim her interet to one of the heirs, who became successor. Heirs posted eveiction no against me, long-term tenant, but against mom who never filed unlawful detainer against me. I was locked out and lost $5000 in personal property, heirlooms, personal photos, etc. not to mention low rent, which has resulted in a hardship condition aftert recent lockout. I am a beneficiary of the living trust, but heirs moved their grown children in after evicting me as if I were an unknown person to them. What recourse do I have beside small claims?


Asked on 4/17/08, 8:31 pm

3 Answers from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: eviction under successor trustee

I have no idea without reviewing reams of paper.

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Answered on 4/20/08, 2:50 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: eviction under successor trustee

If I understand the facts correctly, you might be able to file a petition to remove the trustee for breach of trust.

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Answered on 4/18/08, 3:44 pm
Frankie Woo Fiducia Legal

Re: eviction under successor trustee

Who are the beneficiaries to the living trust? You, your mother, and heirs? So you are not an heir? Are you an income beneficiary, residuary beneficiary, or contingent beneficiary? I'm presuming that the other heirs are complaining that you lived in the house too long when they also have interests in the house.

Find an attorney to look into whether this eviction was done properly. You need to talk to an attorney who can help you understand your right, but first have the facts laid out clearly. I can barely understand the facts of your case.

Also, you must realize that the trustee has the power to decide who gets to live in that house. Why hasn't the trust been terminated and the trust assets distributed yet?

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Answered on 4/18/08, 1:49 am


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