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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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My grandfather had a trust and my uncle was the executor.

Customer Question

Hello. My grandfather had a trust and my uncle was the executor. Eleven months ago my uncle took control of the estate due to the onset of Alzheimer's. He moved my grandfather into assisted living and almost immediately sold his primary residence. His trust was just released leaving the said ( sold) primary residence to me. What does this mean for me? Since there is technically no house to get anymore, am I entitled to the proceeds of the sale or the fair market value of the house or am I just out of luck?
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 5 months ago.

Welcome and thank you for your question. I will be the professional that will be assisting you. Can you tell me the State that your question pertains to? Just to clarify a trust has a trustee and a will has an executor.

Customer: replied 5 months ago.
Thank you
Expert:  Attyadvisor replied 5 months ago.

I am happy to help.

Can you tell me the State that your question pertains to? Just to clarify a trust has a trustee and a will has an executor.

Customer: replied 5 months ago.
California. And it is a trust.
Customer: replied 5 months ago.
My uncle is the trustee
Expert:  Attyadvisor replied 5 months ago.

Your situation is a little tricky because the details will make all the difference in the outcome. When a person goes into assisted living the assisted living provider is entitled to payment through the assets that belong to your grandfather. HOWEVER, there are many different forms of trusts. That being there are specific forms of trusts that protect those assets, such as a house, for the beneficiary (which in this case is you). Depending on the type of trust your uncle may have violated the terms of the trust with his actions.

Do you have a copy of the trust?

Customer: replied 5 months ago.
I do have a copy.
Customer: replied 5 months ago.
There were other assets including cash and another house that was left to my uncle and has remained intact.
Expert:  Attyadvisor replied 5 months ago.

I am very happy to hear that you have a copy. Can you attach a copy so I can review a copy and we can discuss what kind of trust we are dealing with and what options may be available to you?