Legal Question in Wills and Trusts in California

There is an existing Trust that says the girlfriend can stay in the house til she dies, according to boyfriends Trust. He has four daughters that will inherit the paid for, house. Ten years go by, the girlfriend is only paying the taxes on the house, no rent. She all of a sudden puts the house in her name, takes out a HELOC and is having a grand old time and is now going to leave the house to her son. This is in California. Did she commit fraud?

Asked on 6/27/22, 4:56 pm

2 Answers from Attorneys

Michele Cusack Pollak & Cusack

Sure sounds like it.

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Answered on 6/27/22, 6:15 pm
Timothy McCormick Schneider, Holtz & Hutchison

Almost certainly. Although if the girlfriend is the current trustee, it's not technically fraud but rather a gross breach of fiduciary duty. Whatever the technical legal violation, however, the daughters need to get a lawyer immediately. Time is ticking on the statutes of limitations.

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Answered on 6/28/22, 8:35 am

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