Legal Question in Wills and Trusts in California
My grandmother created a living trust in California. There were 3 properties in the trust and the trust said that when my grandmother died, the properties would pass to my mother (only child) and after my mother's death to me (only child). When my grandmother was ill, my mother got power of attorney and quit claim 2 of the properties in the trust into her own name, sold them and purchased 2 new properties in her name only. The third property still remains however my mother wants to sell it. Do I have any legal right to stop her, because the property was in the trust? Also, are living trust filed and accessible in the state of California? My mother supposedly has a copy of my grandmother's trust but I have never seen it. Can I access it through the state of California? Thank you for your time.
3 Answers from Attorneys
Suggest you seek the advice of an estate planning lawyer to guide you in this matter, who can refer you to a California attorney to assist you. Not having the document in front of me to review, I cannot properly advise you, as to restrictions on property transfers, and the effect of your mother still being alive; her death would seem to be a key event that would cause a vesting of the property in you. However, trusts do not have to be registered in California, and therefore the trust may not be available to you, as you mother is still a living beneficiary of the trust.
You should ask your mother for the trust. They are not public documents.
If yoy believe there is an issue with your mothers actions, you should contact an attorney with trusts and estates knowledge to help you. Ask fo rthe trust first. If it is n ot provided , the counsel you engage can request it on your behalf.
There asre some problems with your statement fo facts. Generally property in a trus tis nto able to be transfered through a power of attorney. There must be more to what occured. It will likely also be necessary to review the recorded documents at the time.
Finally, is there some reason you are simply not asking your mother and / or her attorney these questions?
I agree with Mr. Christian and write to add that this sounds like a case of elder financial abuse. Find an attorney knowledgeable about that.
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