Legal Question in Elder Law in California

Grandmas Trust

My grandpa recently passed and I've moved in to help care for my grandma whom suffers from Dementia. They put their house into a trust and in the will the house is to be split 50/50 between me and my dad with the understanding we can not sell unless we both agree and if that happens we must give my uncle a third. Two questions.. If my grandma is classified as incompetant and has to be put in a home do we have to sell the house to care for her and can my dad sell it while she is still alive without my approval?


Asked on 1/14/06, 11:21 pm

1 Answer from Attorneys
Scott Schomer Schomer Law Group

Re: Grandmas Trust

The answer depends upon the terms of the trust. Assuming the house is a trust asset, the successor trustee would have the power to sell the house if he or she thought it was in the best interest of the beneficaries. If that happens, most likely the trust provides that the funds are to be used to care for your grandmother. Thus your father (if he is successor trustee) should not distribute the house sale proceeds to other parties.

That being said, people sometimes ignore their legal obligations. If the successor trustee disregards his obligations to the beneficaries (i.e. your grandmother) and gives her assets to himself, he would probably be liable for breach of fiduciary duty. If a court made such a finding, he would be stripped of his power and ordered to pay back what was taken.

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Answered on 1/15/06, 11:03 am


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