Legal Question in Wills and Trusts in California
My mother's house is held in trust for the benefit of myself and the trust instructs the trustee to allow me to reside in the house and if no beneficiary chooses to reside in the house the trustee is permitted to rent or sell the house so I wrote in writing to trustee i will live in house but the trustee is selling because she says she can. The trustee will use all the trust money to defend herself in instructional hearing and I can't afford the money loss. What can i do? Patrica.
1 Answer from Attorneys
You need to talk to a lawyer who can review the trust document and give you advice. No one will advise you on this website (and you don't want that because of the desire to protect attorney-client confidentiality). No one will advise you without having read the trust document. After all, the trust document may spell out what remedies exist. Experience has taught me that there are always important facts beyond what a potential client can provide here. A consultation will help the attorney develop those facts and shape his or her advice accordingly.
Given the amount of money at stake, it makes sense for you to at leave have an initial consultation with counsel experienced in trust-and-estate litigation. Lawyers will often provide a short consultation free of charge, in the hopes that you will retain them for the case. Sometimes a lawyer's letter provides sufficient leverage to get the trustee to back down.
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