Legal Question in Wills and Trusts in California

My grandfather paid off his home which he placed in a home trust with my father named as the primary beneficiary and myself as the secondary where upon my fathers passing the property would then go to me. My father has since removed me from my grandfathers will and the trust and has obtained a reverse mortgage against the property. I don't have any of the documentation not even will. Was this legal? How can I get advice on where I stand with this issue and what I can do to assure the bank wont take the house from me?


Asked on 9/25/14, 8:44 pm

1 Answer from Attorneys
Len Tillem Tillem McNichol & Brown

From the context of your post, I assume that your grandfather has died and that your father holds title to the property and has taken out a reverse mortgage. If this is the case, then upon your father's death, or if he moves out of the property, the reverse mortgage becomes due. If the loan is not then paid off or refinanced, then the reverse mortgage lender can foreclose on the property.

With respect to your grandfather's trust, there's a distinct possibility that you were were only named as the contingent beneficiary who would inherit the home only if your father died before your grandfather. Ask your father for a copy of the trust, and review it with a trusts and estates attorney.

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Answered on 9/26/14, 9:25 am


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