Trustee Eviction And Restraining
Summary
A restraining order in California may not prevent eviction or sale of a house held in a trust. Your stepfather may need to contest the trust or assert property rights. Consulting a probate attorney could provide guidance on challenging the trustees authority or protecting beneficiary rights.Full Conversation
My grandmother dies and has a revokable trust. My mom has the option to keep her house wich is in the family trust. My mother passes away and the trustee is trying to evict her husband. If he gets a retraining order would that keep them from evicting him or saling the house?
A restraining order typically addresses personal safety issues rather than property disputes. Your situation might require a legal action that challenges the trustee's authority or seeks to protect the beneficiary rights.
In which state are you located? This can help provide more specific information.
California
In California, the following points may be relevant to your situation:
- A restraining order may not prevent eviction or sale of the house.
- Your stepfather might need to contest the trust or claim a right to the property.
For further assistance, you might consider consulting with a probate attorney.
Is there anything specific you would like to know more about?