Legal Question in Wills and Trusts in California

Is a trustee still considered the owner of property if the trust is being contested & in probate court. If no then that would mean that they cannot evict someone from the home correct?


Asked on 5/31/15, 10:03 pm

2 Answers from Attorneys

Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

I would love to look at the trust to give you a more thorough answer; however, with the limited facts I have, then no, you won't be able to evict anyone until the trust being contested is complete. That is at least in my experience; however, again, without looking at other variables and facts, that is the best answer I can give you.

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Answered on 6/01/15, 6:50 am
Len Tillem Tillem McNichol & Brown

If the trustee is on title to the trust property, then the trustee can terminate a lease and evict the occupants, at least on paper. The way to avoid that is to get a restraining order against the trustee - to do so you probably have to convince the judge that you will likely win the contest on its merits.

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Answered on 6/01/15, 8:50 am


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