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Can trustee sell Real property prior to Notice of Trustee to beneficiaries in trust?

West Covina, CA |

My father passed and I recently received a copy of the presumed trust (being evaluated because there strong suspicion it is a fabricated document) and I just found through internet search that public records were changed on January 21, 2011 for his home that was held in the trust . This was prior to sending a copy of the trust to me and I did not get a Notice of Trustee change. Is this an indication the property was sold? And is this within the trustees rights? Opinions please and thank you in advance.

I'm not sure what the change represents or what document was recorded, Could it have simply been a change in trustee?

Attorney Answers 2


Unless the trust restricts it, the trustee does have the power to sell the house, and usually without prior notice to the beneficiaries. However, the recorded item you saw may just be an affidavit regarding your father's death and his replacement by a new trustee, which is commonly recorded after a death--I'd check with a title company or the county recorder to get a copy of what was actually filed.

You may already be aware, as you're investigating the trust, but there's a short deadline to contest the trust if you find indications it was fabricated--normally 120 days from the time the trustee sends you notice under Probate Code section 16061.7 or 60 days from the time a copy of the trust was sent to you, whichever is later.

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The notice that you received does not equate to the property being sold. Your question is not specific as to the type of document that was recorded on January 21, 2011. Was it the deed that placed the property into the trust? or was it a deed that transferred to property from the trust to another person? The trustee does have authority/right to sell the home.

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