Q: My eldest brother, DPOA of my father and successor trustee, bought home which was in Trust via a living estate-Legal?

A: If your father is alive and still capable of handling his affairs, and the trust is still revocable, then he can make any changes he wishes. If you have reason to believe he was subjected to undue influence, speak with an attorney to see if the situation can be remedied. Be prepared to provide specifics regarding the property in question, as well as any facts you have regarding potential abuse.

A: Your concern about your eldest brother's actions as DPOA and successor trustee is valid, as trustees have strict fiduciary duties to act in the best interests of all beneficiaries, not themselves.

California law requires trustees to provide notice to beneficiaries of significant trust transactions, including the sale or purchase of trust property. Your brother's failure to notify you and your other brother about buying the home from the trust raises serious red flags, as this could be considered self-dealing - where a trustee uses their position to benefit personally at the expense of other beneficiaries.

You have options to address this situation: First, request a full accounting of the transaction and trust assets from your brother. If the purchase price was below market value or the transaction harmed the trust, you can file a petition with the probate court to review the transaction, potentially void the sale, and even remove your brother as trustee for breach of fiduciary duty. Consider consulting with a probate litigation attorney who can review the specific details of your case and guide you through the legal process to protect your interests as a beneficiary.