Legal Question in Wills and Trusts in California

Mother, Father, and youngest son were included in a Family Trust. All other children were left out. The intent, verbally stated many times, was that the home would be kept for the benefit of the family (because an adult child is blind and minus two legs - from diabetes complications). Then, it was to be sold and each surviving child would receive an equal portion. Two years later, the oldest daughter had the youngest son removed from the trust and had her own name inserted. Mother and Father have since died and surviving children have been living in the house and paying the mortgage, which is still in parents name. Except for the oldest Daughter who is living in her own home. When questioned about the trust, or will (if one exists), she does not provide information. She is in the process of refinancing the property so that it is entirely in her name. She states that it is "her" property. All other siblings (including me) are upset that she is not doing what Mom and Dad asked her to do. Is there any legal recourse? Or, is it unavoidable because she is the remaining person on the Family trust?


Asked on 3/09/17, 9:55 am

1 Answer from Attorneys

Scott Jordan Jordan Law Office

Yes, there is legal recourse. Someone will need to hire an attorney who can ask a Judge to review and decide on the proper course of action. Do it now, before it is too late!

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Answered on 3/09/17, 9:58 am


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