Legal Question in Wills and Trusts in California

Re: sale of real property

The governing principles will be the exact written terms of the trust, not what your father told you. Without an examination of the trust, and the complete facts of the case, no proper opinion can be given.

See an estate attorney with all the documents and facts.

Hint: check the records of the county recorder in the county where the property is located to see if you can locate a deed transferring the property to the trust before he died. It is public record. That way you will have better information as to whether the property was actually in the trust or not, although it is not necessarily perfect information, but only evidence.

Good luck.

Re: sale of real property

I can't answer this question without seeing the terms of the trust. That being said, the trustee has the power to sell any trust asset, though the trustee may not have the right. If it is sold improperly, the trustee can be made to account and to reimburse to the trust all of the financial loss that has flowed from the wrongful act.