Legal Question in Wills and Trusts in California

UD filed against my daughter and myself to forfeit family home. I understand that title cannot be an argument in UD cases. My brother is attempting to circumvent being removed as trustee by this action. My statute ran out on the trust but I did not find out about the fraud until March 3 2015- 10 days later 60 day notice to vacate. My daughter (12) is a bene living in the home. I have a holographic will stating what my mother "thought" her trust stated. Help in defending an UD action- he makes 250k year I am not done with my internship- I have paid property taxes and bills (through him) on the house- help?


Asked on 6/07/15, 2:25 am

1 Answer from Attorneys
Len Tillem Tillem McNichol & Brown

If your brother is not the trustee of the trust, and if the home is held within the trust, then he cannot sue for Unlawful Detainer. He's not the title owner. You need to hire an attorney and file an answer.

But you should also sit down with a trusts and estates attorney and review the trust (and your mother's handwritten instrument) to see whether or not in the long term you are supposed to inherit the home. If the trust is to be terminated and divided among the beneficiaries, then sooner or later you are going to have to move out.

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Answered on 6/08/15, 9:28 am


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