San Jose, CA asked in Estate Planning and Probate for California

Q: Reversing or modifying a Trust Transfer Deed and Change of Ownership report by seller/transferor.

The deed to my father's primary residence has been transferred by means of a Trust Transfer Deed, into the name of my half-sister, as trustee. He has reason to believe she has been mismanaging his funds, refusing to disclose any information pertaining to his affairs and assets, so he wishes to have his primary residence back into his name and/or name of successor trustee. It states the seller/transferor has the power to revoke, guidelines for the procedure to do so would be most helpful. Thank you, Sheila Allen, elder daughter of Martin Hale. My cell number is 970-568-9860

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2 Lawyer Answers
James Edward Berge
James Edward Berge
Answered
  • Estate Planning Lawyer
  • San Jose, CA
  • Licensed in California

A: Your dad doesn't need to revoke the trust to remove a trustee. All he needs is a simple letter to the trustee exercising his right to remove a trustee and demanding that she deed the property back to him as sole trustee. If she fails to do so, she can be held liable for damages. A simple affidavit signed by your dad could also work but a deed is preferable. This is merely general information. For specific advice, you really should consult with an attorney. If your dad already has an attorney (who helped him prepare the original trust transfer deed), he should simply go back to that attorney for further assistance.

Nina Whitehurst
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Answered
  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in California

A: An estate planning attorney can help your dad change the trustee and notify your sister of the change. But you need to contact an attorney directly. We can't call you based upon your post. (Plus you are not supposed to include personally identifiable information in posts anyway.)

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