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By: Scott Grossman on October 13th, 2016

10 Ways Trustees Get Caught in Real Estate Litigation in CA

With any California trust administration, there are many issues that can lead to real estate litigation if the trustee does not act carefully. The trustee must be certain to abide by California trust laws. The trustee must also avoid favoring any beneficiary to the detriment of others. When real estate is part of trust property, there may be many opportunities for conflict that lead to lawsuits. Fortunately, an experienced Riverside trust litigation lawyer can guide you through the process of trust administration. They also help to ensure that you are complying with the law.

10 examples of how a trustee can become caught up in trust litigation as a result of dealings with real estate:

  1. Trustee fails to properly maintain the property.
  2. Fails to pay the real estate taxes on the property if required by the trust.
  3. Trustee fails to have a market analysis done on the property before deciding its sales price.
  4. Trustee allows a tenant to live in the property without paying rent, absent express instructions contained in the trust.
  5. Fails to provide notice to the beneficiaries of a potential sale of the real estate.
  6. Trustee fails to report the real estate as a trust asset to the beneficiaries.
  7. Trustee fails to winterize or otherwise secure the property against weather conditions.
  8. Fails to keep accurate records relating to the expenses of the house.
  9. The trustee does not give beneficiaries an option to purchase the house if called for in the trust.
  10. The trustee does not attempt to sell the property within a reasonable period of time following the decedent’s passing if the trust calls for the house to be sold upon death.

To bring a trust litigation action or respond to a filing against you, consult with an experienced trust litigation attorney. In addition, our article, Riverside County New Rules for Filing Probate and Trust Litigation, provides information about the local rules for bringing or responding to such an action.

If you are ready to start your case, then please give us a call or fill out our Get Help Now form.  If you want a comprehensive overview of California Trust Litigation, then click here. Should you have additional questions about trust litigation, then you will find plenty of useful information in our Learning Center.