If my brother is a trustee under a Trust and locked me out of property that I own with the Trust which is in my name, what should I do?

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If my brother is a trustee under a Trust and locked me out of property that I own with the Trust which is in my name, what should I do?

Asked on June 8, 2013 under Estate Planning, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can sue your brother for breach of trust.  Your damages (the amount of monetary compensation you are seeking in your lawsuit) would be the amount of any loss to the trust.

If there are provisions in the trust for removal of the trustee and appointment of a successor trustee, you can follow those procedures to have your brother removed as trustee.

If the trust does not have provisions for the removal of the trustee, you can seek removal of the trustee and appointment of a successor trustee in your lawsuit for breach of trust.


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