Legal Question in Wills and Trusts in California
My grandparents had several trusts and they left my mom and her siblings as primary beneficiaries and the grandchildren as secondary beneficiaries without ownership until our parents die and then their ownership will pass to us.
One of the trusts has a vacation property that we all share. Once we turn 25 we are able to request and use this property for up to 7 days at a time. We have rules that pertain to the house and protecting our family's interest and as long as we adhere to the rules then we have always been able to use the property.
Recently my mother told me that due to my choice in a spouse (whom she doesn't like because of his ethnicity) she is not granting me permission to use the house.
I have been requesting and using the house since I was 25 (I am now 38) and all of the sudden I am being told that I can't request the house because my mother is mad at me.
Do I have any legal rights to fight this?
I have asked my aunt who is a trustee and she will not answer me directly...all she has said is that I should try to work it out with her sister (my mother).
My aunt did tell me that my mother can't completely take away my rights because my grandparents had a will and trust and I am included in that will and trust. I am being told it is not changeable.
I am one of 16 grandchildren and none of us have ever been told that we can't use one of the properties that our grandparents left for our family to enjoy.
I would like to challenge this in court and I would like to know if this is something that I can do. If so...how?
2 Answers from Attorneys
You would have to file a petition with the Court to challenge the decision of the trustees. The petition is not simply a form to fill out. You must draft by hand and serve on all interested parties. While it might be resolved in a single hearing, you might actually have to have serveral.
It may be that a legal fight here can cause a much larger rupture in your family, and have unintentional side effects.
The trust will almost certainly be required to pay your mother's attorney's fees in defending her actions. You will be required to pay your own.
You will likely want to speak with an attorney before you go much further down this road.
Even if the trust gives the trustee(s) broad discretion to decide who can use the vacation home, refusing permission solely on the basis of your spouse's ethnicity would likely be a violation of the fiduciary duty of loyalty and fair dealing to beneficiaries. But, I agree with Mr. Perry that you should consult a lawyer who can review the specific language of the trust document to evaluate what your rights are.
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