Sacramento, CA asked in Real Estate Law for California

Q: I was given a house when the owner dies, found out the trustee sold it to a llc to get me out. She's still alive

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3 Lawyer Answers

A: There are rem

Anthony M. Avery
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A: Hire a CA attorney to search the title and determine the best causes of actions to sue upon. Upon filing suit, a Notice Lis Pendens should be recorded. Time is of the essence and all interested parties must be in the suit.

James L. Arrasmith
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A: In California, if you were named as a beneficiary to receive a house upon the death of the owner and the trustee of the trust has sold the property before the owner's death, this could potentially be a breach of fiduciary duty on the part of the trustee. Trustees have a duty to act in the best interests of the beneficiaries and to adhere to the terms of the trust.

If the sale of the property violates the trust's terms -- or was not in the best interest of the beneficiaries -- you may have grounds to challenge the trustee's actions. It's crucial to review the trust document to understand its terms and any powers granted to the trustee. If you believe the trustee has acted improperly, legal action can be pursued to seek remedies. Document any interactions and evidence related to the sale. Seeking legal counsel can provide guidance on the best course of action based on the specifics of your situation.

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