QUESTION

Can a trustee of a 2015 will, take a loan on a contested estate, but sign it as the 1993 estate when he was not the trustee at that time?

Asked on Jan 07th, 2018 on Estate Planning - California
More details to this question:
Three siblings were written out of the family estate. One sibling was left inheriting and executor/trustee. The 3 siblings are contesting the will, undue influence, elder abuse both financial and medical. Documents were filed by the attorney against the property stating they want to go back to the original 1993 will. Recently a Deed of Trust and assignment of rents was found filed with the county, signed by the trustee of 2015, but it's signed as trustee of 1993 when he was not trustee, another sibling was. The document also shows the trustee got a loan from a personal friend not a bank.
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1 ANSWER

Estate Litigation Attorney serving Redlands, CA at Price Law Firm, APC
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A trustee must have proper authority in order to act on behalf of the trust.  But that may not be the issue here.  This sounds like more fraud and breach of fiduciary duty in which the court may surcharge the trustee for wrongdoing.  Discuss further with your attorney to add additional causes of action.
Answered on Jan 07th, 2018 at 8:33 PM

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