Legal Question in Wills and Trusts in California
Iam involved with a revocable Trust that since the Settler has deceased I believe is irrevocable. I am not but have been performing the duties of the trustee since the successor Trustees named in the trust do not want and have not accepted the responsibility. 3 heirs, 2 were named as successor Trustees, I was not and 1 real property are involved. All heirs/ beneficiaries are agreed.
I have initiated a civil action involving an unlawful foreclosure of a Reverse mortgage with the property in the Trust. Can I lawfully represent Trust as a beneficiary or can I be named as Trustee with approval of all beneficiaries with out a court or probate action?
4 Answers from Attorneys
Depends on what it says in the document.
You can't represent the trust in a lawsuit unless you are represented by an attorney, and unless you are the duly acting trustee.
Messrs Cusack and Roach are correct. Suggest you obtain the representation of probate/trust beneficiary counsel at the very least to guide you in this matter, assuming you are a beneficiaery.
Unless the trust allows appointment of a successor, you probably need a court order to act. You should seek counsel immediately.
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.
