Legal Question in Wills and Trusts in California

Trust Assets Being Sold

An acquaintance of mine had a stroke this past Dec. Prior to his stroke he was in charge of a Family Trust, his mother had previously signed over her rights to him. Being an only child there was no one ahead of him and only his uncle after him to assume control. The stroke left him unable to speak but certainly not incompetent. None the less his Uncle immediately started taking steps to control out of greed. The Uncle did gain control based on two letters from 2 physicians who wrote he was unable to care for himself at this time and that his condition was not permanent. He then began selling assets that were meant for his nephew. Now I heard he put up the Family Home For Sale at a fraction of it's worth and it recently Sold! My friend was actually living in that house until his stroke and intended to return there. After his Uncles treachery he doesn't have an ample cash reserve to fight.

What are the first steps to be taken and how can the sale of the home be stopped before it is finalized? Weren't his Uncle's actions criminal in nature?

Any advise I can pass on would be greatly appreciated.

Thank you.


Asked on 7/09/03, 5:39 am

2 Answers from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: Trust Assets Being Sold

You need to get an attorney involved. This is much too detailed a problem to give a simple response over the internet.

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Answered on 7/09/03, 11:52 am
Dan Lively The Lively Law Group, PC

Re: Trust Assets Being Sold

You have a number of important issues to address here. I would get an attorney involved immediately before this goes any further.

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Answered on 7/12/03, 3:28 am


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