Legal Question in Wills and Trusts in California

When the cemetry sold the space to them it was subject to all the terms stated in the contract. You need to check as to whether there is anything in the sales contract allowing the cemetry to block a resale of the space. If not, you can argue that they can impose the rule for future purchases from the cemetry but not as to people who have already purchased, who had the expectation that they could resell the space. Ther terms existing in the contract determine what can be done now and they can not impose upon a physical space no longer owned or controlled by them subsequent rules restricting alienation/resale. If the original termls allow for the enforcemet of future house rules, you can argue that the above still applies but also they are creating a restraint of trade, and the rule is non-sensible. Until the appointed trustee refuses to serve, the successor trustee has no power or authority; getting hls approval is meaningless. If all the trustees refused to or could not serve then the State would take over; does the Governor have to sign also?

I disagree with Mr. Shers. The cemetary is entitled to take reasonable steps to assure that a transaction is actually authorized. It is not up to the cemetary to search all 50 states for the past thirty years to see if the purported current trustee has not been removed by a court proceeding, or more troubling yet, has resigned but now regrets the move and is trying to sell property of the trust. The only way to do that is to have the named successor trustees sign off on the deal, or obtain a court authorization of the transaction.