[CA] How can I stop my brother from violating the terms of the family trust created by my late mother?
My mother died in November of 2024. She had both a will and a family trust. She had two homes in Mentone, California. My brother David has lived in one for about 7 years, and my daughter Elizabeth has lived in one for about 15 years. She appointed my eldest brother Daniel to be the trustee. My daughter Elizabeth became gravely ill in late 2017. On July 11, 2018, she revised the family trust to include Elizabeth as a beneficiary. The trust states that the trustee may sell trust property, however that any such transaction shall be for full and adequate consideration.
On 03/17/2025, my brother Daniel filed a quit claim deed giving my brother David both properties for no consideration. David is now trying to sell the properties and has told my daughter that she must move. Elizabeth is on hospice and has neither the physical nor financial means to move. We have no money for a lawyer. My mother’s intentions are being ignored and I believe they are violating the trust. What can I do to stop my brother from selling the property? What can I file to have this matter reviewed by the authorities? I have no money. My daughter is dying and I don’t know what to do.
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If the trustee of the trust deeded the properties over to your brother without any money being paid, then that is not full and adequate consideration as required under the trust and the California Probate Code (CA Prob Code § 16002). So you would have legal grounds to file a lawsuit against the trustee and challenge the transfer as unlawful and improper according to the terms of the trust.
Unfortunately, this is a civil matter, so there are no authorities that would review an improper transfer by a trustee. The only possible action here is to file a civil lawsuit against the trustee to get the matter in front of a judge (CA Prob Code § 17200(b)).
If you don't have the funds to hire an attorney, you can contact your local legal aid office and see if they might be able to assist, or refer you to a low-cost attorney who may be willing to take the case on a contingency basis—meaning they may collect their fees at the end of the case if you win, have the transfers reversed, and then have the property sold out of the trust for fair market value.
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My mother died in November of 2024. She had both a will and a family trust. She had two homes in Mentone, California. My brother David has lived in one for about 7 years, and my daughter Elizabeth has lived in one for about 15 years. She appointed my eldest brother Daniel to be the trustee. My daughter Elizabeth became gravely ill in late 2017. On July 11, 2018, she revised the family trust to include Elizabeth as a beneficiary. The trust states that the trustee may sell trust property, however that any such transaction shall be for full and adequate consideration.
On 03/17/2025, my brother Daniel filed a quit claim deed giving my brother David both properties for no consideration. David is now trying to sell the properties and has told my daughter that she must move. Elizabeth is on hospice and has neither the physical nor financial means to move. We have no money for a lawyer. My mother’s intentions are being ignored and I believe they are violating the trust. What can I do to stop my brother from selling the property? What can I file to have this matter reviewed by the authorities? I have no money. My daughter is dying and I don’t know what to do.
Hello and welcome to the site! My name is Barrister and I am a licensed attorney. I am here to help with your situation.
I have read your post and I am sorry to hear you are having to deal with this situation, as I realize it can be frustrating and confusing.
If the trustee of the trust deeded the properties over to your brother without any money being paid, then that is not full and adequate consideration as required under the trust and the California Probate Code (CA Prob Code § 16002). So you would have legal grounds to file a lawsuit against the trustee and challenge the transfer as unlawful and improper according to the terms of the trust.
Unfortunately, this is a civil matter, so there are no authorities that would review an improper transfer by a trustee. The only possible action here is to file a civil lawsuit against the trustee to get the matter in front of a judge (CA Prob Code § 17200(b)).
If you don't have the funds to hire an attorney, you can contact your local legal aid office and see if they might be able to assist, or refer you to a low-cost attorney who may be willing to take the case on a contingency basis—meaning they may collect their fees at the end of the case if you win, have the transfers reversed, and then have the property sold out of the trust for fair market value.
Could I file a restraining order on the transfer?
No, there isn't a "restraining order"... those are for domestic violence and harassment issues. You would have to file a civil lawsuit and then you can file a "lis pendens," which is a notice of pending legal action, and that would cloud the title and prevent any sale until the lawsuit was over.
Did you have any other questions about this situation I can help with?
