Legal Question in Wills and Trusts in California

My Father left a living Trust close to two million dollars . My mother has disregarded all his instructions in the trust and spent and sold properrty and stocks until it's almost gone. One of his wishes was to keep the house he built in the family. She is now threatening to sell that to keep up with her lavish spending on cruises and life style with her boy friend. She is the executer and when she's gone myself (her son) and my nepthfew take over as excuters of the will . She has went against all his instructions so far . Can she sale the house with outany of us being able to stop her.

Asked on 6/21/13, 11:32 pm

3 Answers from Attorneys

Charles Perry Law Offices of Charles R. Perry

Without reviewing the trust documents and speaking personally with you, it is simply not possible to advise you.

I strongly suggest you meet with a lawyer in your area that has experience with trust matters, so that you can get advice as to your rights and plan a strategy as to how to protect the house.

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Answered on 6/22/13, 2:45 am

Michele Cusack Pollak & Cusack

Many living trusts done by married couple remain fully revocable upon the death of the first spouse, which means that the surviving spouse does not have to follow its instructions. Others become partly irrevocable when the first spouse dies. If you wish, fax me the document and I'll let you know which kind of trust your parents established. 415 892 5446.

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Answered on 6/22/13, 8:36 am
Scott Jordan Dunning Law Firm

Assuming your mother is not following the trust properly, you can challenge her decisions in court.

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Answered on 6/24/13, 9:26 am

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