Legal Question in Wills and Trusts in California

Re: Living Trust Trust Deed Co trustee

I would have to review the documents to be certain, but from what you are describing it sounds like the house is yours.

A trust cannot hold title to property. Trust property has to be held in the name of the trustee (i.e. your father) and should designate he is holding it for a trust. But having property in his name as trustee does not make it his. He is holding it for the benefit of the beneficiaries of the trust. If you say that you are the beneficiary of the trust, then he is holding title for you.

If your father is claiming he owns the house, and not for you, and this position is contrary to the terms of the trust, he is breaching his fidiciary duty. You should consult a probate attorney as soon as possible. Your father has a duty to protect the beneficiaries and if he is not doing it, you need to act sooner rather than later to protect your interests. If we can be of assistance, please give us a call at (310) 787-7577.

Re: Living Trust Trust Deed Co trustee

If the trust that held the house was changed, then the house goes to the new beneficiaries. Was the trustee changed as well? Whoever the trustee is has a duty to abide by the terms of the trust and distribute the property (after proper notices are given and debts paid, among other things) to the named beneficiaries.

Your father may be named on the deed as a trustee, but the current trustee holds the title, and even if that's him, it's only for the benefit of the beneficiaries named in the trust.

You should see an attorney soon to enforce your rights in the trust.