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Loren, Attorney
Category: Estate Law
Satisfied Customers: 31379
Experience:  30 years experience in the practice of estate law.
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Property in Big Bear City transferred to me from Trust in

Customer Question

Property in Big Bear City transferred to me from Trust in 2012 by my mother/sole settlor/trustee. Mother passed away in 2014 and one of beneficiaries had locks changed entered and authorized realtor to photograph interior of property and attempted to list property in 2015 without my knowledge which denied me access and caused me to have to have locks changed and install security system to monitor property. Trustees and beneficiary are agreeing to sign judgement stip to grant me Quiet Title. Can I pursue trespass charges against beneficiary who authorized lock change and attempted to list property without my consent? No Trespass sign posted. All parties involved were aware of title change.
Submitted: 9 months ago.
Category: Estate Law
Expert:  Loren replied 9 months ago.

Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.

Any party with the exclusive right to possession may bring trespassing charges against another for their unauthorized access onto their property. If the beneficiary had a right to possession, along with you, then it is not really a trespass. It is a breach of the trust and the trustee is the appropriate party to enforce that claim.

You may have a claim for a theft or conversion of your interest in the trust, though, and you could sue them for that.

Expert:  Loren replied 9 months ago.

Are you online with me?

Expert:  Loren replied 9 months ago.

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