Legal Question in Wills and Trusts in California
Irrevocable Trust Has Been Broken
My parents had a Living Trust A-B. The house was in the irrevocable B trust with my parents as Trustors and my sister and I as Trustees. My mother died and my father remarried. His new wife hired an investigator who couldn't find proof to verify my mothers birthplace. I'm told the trust was broken on a technicality and the house was quitclaimed by my father to his new wife ten years ago. The home is now up for sale. Is there anything I can do to find out exactly how the trust was actually broken? Do my sister and I have any rights regarding the house, as we were the intended trustees?
thanks
4 Answers from Attorneys
Re: Irrevocable Trust Has Been Broken
You may have a claim for breach of trust and may be able to stop the sale. As quickly as possible, get the trust and related documents to an attorney for review.
Re: Irrevocable Trust Has Been Broken
You may have a case. You should get copies of the trust and related documents to an experienced attorney for review.
If you would like a free initial consultation, please e-mail me with contact information or call me at (818) 991-6664. I have twenty-five years experience.
Good luck and thank you for your inquiry.
Re: Irrevocable Trust Has Been Broken
The "B" trust is not created until someone dies. Until that time, the assets are all in a revocable trust.
When the first person dies, the succussor trustee divides the property according to the original trust.
What you are saying does not make sense.
Re: Irrevocable Trust Has Been Broken
If you want it reviewed, call me directly at (619) 222-3504.
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