Does a trustee have the legal right to sell a client’s home without taking them to court or showing proof of documentation that was given prior in court?

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Does a trustee have the legal right to sell a client’s home without taking them to court or showing proof of documentation that was given prior in court?

The Trust is now in a negative amount because the trustee and co-trustee invested money from the Trust in to stocks, however no no update has been given on the success or lost. He also harassed threatened over stepped his position as a trustee by involving government agents agencies with false testimony and lies.

Asked on March 2, 2018 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

I think that the client needs to get a lawyer ASAP.  The terms of the trust as well as state law govern the powers of the Trustee and they can have awfly big powers.  There is no time to compromise and explain anything here.  You need an accountant to go over the actions of the Trustee and you need to know if you have the ability under state law to go after the Trustee personally if he or she acted outside the scope of their authority.  Please get help to bring a motion to remove the Trustee and prevent him or her from selling the house.  You need a temporary injunction in place until this is sorted out.  Good luck.


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