Legal Question in Wills and Trusts in California

Trust Real Property
I'm the sole successing Trustee of my deceased father and mother's Trust- a house. There's three sons only: one deceased, one mentally retarded, taken care by the state, and other beneficiariesare my named daughter and her named children in the trust, my deceased brother's daughter named and her son. As sole Trustee and a Primary beneficiary can I deed the house to me to keep or sell with 100% ownership? Trust language says Trustee has sole discretion to do this!

Asked on 4/21/08, 11:18 pm

3 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

0 users found helpful

0 attorneys agreed

Re: Trust Real Property

Can't answer a question like that without reading trust document. The Trustee's obligations are very strictly interpreted. Get the trust document reviewed by a lawyer.

Meanwhile, CA law requires that you provide the other beneficiaries with a copy of the trust document.

Answered on 4/22/08, 6:30 pm

Mark as helpful

Frankie Woo Fiducia Legal

0 users found helpful

0 attorneys agreed

Re: Trust Real Property

As trustee, you have a fiduciary duty to the other beneficiaries. You must distribute the trust assets according to the terms of the trust. Whether you will be able to do a nonprorata distribution depends upon whether there are other assets in the trust. You are in the city of Whittier, where my office is located. Give me a call. I can take a look at your trust to see what you can and cannot do with the house.

Answered on 4/22/08, 12:10 am

Mark as helpful