Can the trustee of a living trust sell the property without informing the eventual beneficiary?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can the trustee of a living trust sell the property without informing the eventual beneficiary?

My dad died and left the condo to his wife. I am his son and am the eventual beneficiary of all property after she dies. She is in the process of moving and has apparently sold the condo. I found this out by accident. Is this legal what she is doing? I have a copy of the living trust. She will not answer the phone when I call. I was told that a lawyer will be calling me. I don’t know when. She is almost 80 years old. What should I do?

Asked on December 21, 2011 under Estate Planning, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whether or not the trustee of the living trust has the power to sell assets of the trust depends upon whether or not there is an express power to do so given to the trustee. Accordingly, you need to carefully read the trust document in that its express terms set forth what the trustee can do or not do.

If the trustee is not allowed to sell assets of the trust, I suggest that you consult with a Wills and trust attorney about the situation experienced in real estate. Potentially a lawsuit could be filed against the trustee for an injuntion and a lis pendens recorded on the property if there is no right to sell the property by the trustee.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption