Legal Question in Wills and Trusts in California

successors responsibilities to the beneficiaries

Can the successor trustee just take over the real property, encumber it, move in and charge off all the expenses to the estate, and take the real property out of the trust and put it into his name only


Asked on 11/14/08, 5:39 pm

2 Answers from Attorneys

Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: successors responsibilities to the beneficiaries

Absolutely not! You need to talk to an attorney right away. I'm currently away from the office, but call my office and ask for my cell phone number.

Sincerely,

Phillip C. Lemmons

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Answered on 11/14/08, 5:48 pm
Todd Stevenson Stevenson Law Office

Re: successors responsibilities to the beneficiaries

The language of the trust itself will dictate what the successor trustee can or cannot do.

The situation you describe does not sound like something the trust would authorize. In fact, it sounds like a trust asset is being wrongfully diverted.

If you would like to further discuss this matter, please give me a call.

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Answered on 11/14/08, 6:00 pm


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