Legal Question in Wills and Trusts in California
Trustee mishandling estate
My father died and he had a living trust. My aunt was named as the trustee. The will stated that my father's house would be signed over to me but that if I sold the house it would be appraised and one half of the money would be put into accounts for my two daughters. First, my aunt negotiated a very poor real estate deal accepting far too less for the property. Since that sale she has refused to provide me with copies of any documents pertaining to the sale and the money that was supposed to be put in to accounts for my daughters is in an account solely in her name. What can I do?
3 Answers from Attorneys
Re: Trustee mishandling estate
you need to be careful in using legal terms. Your father created a trust and the property is in a trust and not a Will.
If the trust states that on your father's death the title goes to you, then how did your aunt get anyone to buy the property since she can not transfer title. You should look up the records at the County Clerks' office to see who is listed as owner [if she is not, you can sue to negate the sale and the title insurance company is going to have to pay someone for its negligence.
Ask her directly as to why she thinks she can do what she did. Did your father change the terms of the trust?
Re: Trustee mishandling estate
Sue for an accounting and damages. Have her removed as trustee and gain ownership of your property. Contact me directly.
Re: Trustee mishandling estate
You can sue her for an accounting, and for malfeasance if the accounting shows that she has been self-dealing. The trust provisions probably protect her against mere negligence.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
