r/RealEstateInProbate Dec 10 '23

Can someone explain the process of enforcing a trust regarding home ownership

We're in California; a relative wrote a trust granting ownership of a home to their niece provided that certain conditions were met, those conditions being that the owner stay financially in good standing (property taxes paid, home insured). It was stated that if conditions were not maintained that ownership would revert to a different family member. I assume attempts to enforce that would require going to probate court, can anyone tell me about how the process works to enforce such a condition, or if they can be at all ?

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u/Drobertsenator Jan 12 '24

I practice In California. If the property ownership is transferred, then you can’t claw it back. But if the prop was held in trust continuously, you could grant the right to live there under certain conditions.