Yorba Linda, CA asked in Real Estate Law, Contracts and Estate Planning for California

Q: I need to know what I can do tomorrow to stop this trustee from selling a house explicitly left to me. Is it in escrow?

There are three homes. Im staying in my mother's in ca. My wife lives and works in Arizona for 18 yrs. The other beneficiary is living in a condo. .Two weeks ago, the other recipient moved out. Im told by the trustee he needs to sell all homes. In the trust distribution, My mother gave me the right to select the home in Az I've lived at for 30 years as part of my distribution. The other beneficiary got the same rights as my moms. The problem was my mom gave me everything inside. The trustee has already tried an estate liquidation without my consent. The Trust says he needs to box up everything and store for me.but he won't follow the Trust The day the other beneficiary left, he called az realtor and had agents go harras my wife I told him to leave. Four days later, he said my house was sold in Arizona, and I had 30 days to move my wife. He claims I implied consent and his lawyer agreed I wanted to live at my moms, and so he put it in escrow, I have to get my house out of escrow. How?

2 Lawyer Answers
Bahram Madaen
Bahram Madaen
Answered
  • Sunland, CA
  • Licensed in California

A: The best way to stop him is to file a petition with the court and ask the court to remove him as a trustee.

Nina Whitehurst agrees with this answer

David Ostrove
David Ostrove
PREMIUM
Answered
  • Estate Planning Lawyer
  • Los Angeles, CA
  • Licensed in California

A: You need an attorney with probate and trust experience to file a petition for you with the Court and spell out all facts and tell the Court what you want and why. The Court will set a hearing date.

Nina Whitehurst agrees with this answer

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