Revocable living trust was revoked 10 years prior to death

[CDepew]

Jurisdiction

California

My sister is sueing me for breach of trust. 27 years ago there were 3 properties in risk of foreclosure that were in a trust where I was named trustee. There were 3 REVOCABLE trusts for 3 properties. Each property was quit claimed and notorized by myself, my sister ( beneficiary) and the settlor, back to the settlor as an individual and sold ( subject to, buyers took over the loans) 10 years prior to her death in 1992 and my grandmother , the settlor died in 2002. I have already spent $6000 paying an attorney and basically nothing has been done, he is submitting request for admissions and request for documents from her before going to trial. I cannot afford this and have gone pro per. I just do not understand how this can continue when it is not a probate case, since the properties were sold 10 years prior to her death. She is asking for an accounting and damages to her for not getting the properties distributed to her.
Can I file a motion to dismiss at this stage? Trial date is set for March 2020

 

[adjusterjack]

I have already spent $6000 paying an attorney and basically nothing has been done, he is submitting request for admissions and request for documents from her before going to trial.

That's not "nothing." That's a big part of fighting a lawsuit.

I just do not understand how this can continue when it is not a probate case

Apparently you are being sued personally for something you allegedly did or did not do as trustee.

I cannot afford this and have gone pro per.

Incredibly dangerous. Especially if your sister has an attorney.

the properties were sold 10 years prior to her death.

When your attorney filed his answer what defenses were listed?

She is asking for an accounting and damages to her for not getting the properties distributed to her.

How much money does she want?

Can I file a motion to dismiss at this stage?

See. You're already in over your head without an attorney. A motion to dismiss is not proper and won't be granted, though you can certainly file it if you want to.

 

[zddoodah]

My sister is sueing me for breach of trust.

Is that actually what the cause of action alleged in her complaint is titled? I ask because no such cause of action is recognized in California.

27 years ago there were 3 properties in risk of foreclosure that were in a trust where I was named trustee.

Who created this trust? Why were they at risk of foreclosure?

There were 3 REVOCABLE trusts for 3 properties.

In the prior sentence, you wrote that the three properties "were in a trust," so why are you now saying that there were three separate trusts?

Each property was quit claimed and notorized by myself, my sister ( beneficiary) and the settlor, back to the settlor as an individual and sold ( subject to, buyers took over the loans) 10 years prior to her death in 1992 and my grandmother , the settlor died in 2002.

This run on sentence is a complete mess. I can't really make any sense of this.

Can I file a motion to dismiss at this stage?

There's not really any such thing as a "motion to dismiss" in California civil cases. The term "motion to dismiss" typically refers to what, in California state court, is known as a demurrer, and it's too late to file a demurrer. Since your trial date is only three months away, it's also too late to file a motion for summary judgment You could possibly file a motion for judgment on the pleadings, but we have no way of knowing whether such a motion would have any chance of succeeding.

 

[CDepew]

That's not "nothing." That's a big part of fighting a lawsuit.



Apparently you are being sued personally for something you allegedly did or did not do as trustee.

She is accusing me of fraud and forgery in the sale of the properties. all of her accusations are UNTRUE. She is mentally unstable and a homeless drug addict, going pro per with all fee waivers. She has a history of suing people and appelling cases.



Incredibly dangerous. Especially if your sister has an attorney.

My sister is not using an attorney.



When your attorney filed his answer what defenses were listed?

The initial case was dismissed. My sister, again as pro per, took it to appeals and won because the Judge used my "answer" as a "Demurr". Now it is back in court and my attorney did not file an "answer".



How much money does she want?

she doesn't specify a dollar amount. she states " compensate for breach of trust in an amount to be determined by proof through the course of this litigation including interest"



See. You're already in over your head without an attorney. A motion to dismiss is not proper and won't be granted, though you can certainly file it if you want to.

What can I do if I don't have the money for an attorney? I do not qualify for legal aid.

 

[CDepew]

Is that actually what the cause of action alleged in her complaint is titled? I ask because no such cause of action is recognized in California.

petition for relief of breach of trust: to determine the validity of the purported trust revocations



Who created this trust? Why were they at risk of foreclosure?

My father created the trusts in the name of my grandmother. He bought them in her name as he could not get credit. They were encumbered 100% its a long story but basically my father lived off the equity in the properties and managed them he rented out individual rooms. He became ill and died and they needed to be sold or they would have gone into foreclosure and affected my grandmothers credit.



In the prior sentence, you wrote that the three properties "were in a trust," so why are you now saying that there were three separate trusts?

there were 3 properties each in its own trust



This run on sentence is a complete mess. I can't really make any sense of this.

After my fathers death my grandmother had us all grant the property back to her and she sold them as an individual.



There's not really any such thing as a "motion to dismiss" in California civil cases. The term "motion to dismiss" typically refers to what, in California state court, is known as a demurrer, and it's too late to file a demurrer. Since your trial date is only three months away, it's also too late to file a motion for summary judgment You could possibly file a motion for judgment on the pleadings, but we have no way of knowing whether such a motion would have any chance of succeeding.