QUESTION

Trustee of estate removed and replaced by judge even with no contest clause. Now being evicted

Asked on Mar 06th, 2016 on Civil Litigation - California
More details to this question:
Okay so this is a complicated case . there's a family of four children who were all named in the will and testament by their father but only one child was named as the trustee or executor of the estate. This will/trust also included a no contest clause stating that if any of the other children were to try to change the final wishes or to alter in anyway his last will and testament they would forfiet their part. The oly way trustee was to be passed was upon the event of the trustee's death. So said the other three siblings took the matter to court to probate court and were somehow able to have the trustee removed even though she never relinquished any of her rights or turned over anything never said anything was not aware of what was going on and the court did appoint her sister as new trustee . after being appointed the new trustee the sister decided to sell . however even her own attorneys statements and email correspondence state that they cannot move further without the consent of
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1 ANSWER

Estate Litigation Attorney serving Redlands, CA at Price Law Firm, APC
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A no contest clause isn't what it used to be.  California law disfavors no contest clauses and their effect has been reduced in recent legislation. Even so, a no contest clause has nothing to do with who can be trustee.
Answered on Mar 06th, 2016 at 12:23 PM

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