Legal Question in Wills and Trusts in California

Friends grandfather died left him money . in the will it says he gets 1000 a month until age 35 then he gets it all. he is 31 now. Ca court told him he had to find a trustee. He did this and now he believes the trustee is misusing funds . the trustee recently told neighbors of the property left to my friend that he was the owner and he was going to sale the property. he also has stopped giving any monthly payments .. what can he do?


Asked on 11/14/14, 8:23 pm

1 Answer from Attorneys
Len Tillem Tillem McNichol & Brown

Your friend should hire a lawyer and petition the court to remove the trustee and probably replace the trustee with a professional fiduciary.

I will point out that the trustee can sell the real property legally (provided that the proceeds of the sale are invested in trust accounts). So, if you are going to act, it's important to file a lis pendens with your petition to create a lien on the property to prevent the trustee from selling it out from under you.

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Answered on 11/17/14, 10:11 am


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