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Dispute over mothers trust

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Cmfinlay | 12:40 Thu 30th Aug 2012 | Civil
7 Answers
Dear Sirs

My sister and I are in dispute over our mother's estate. My mother had a trust set-up in California where she had lived for 20 years, she died February 2012. My sister and I both live in the UK. The trust named me as the executor. I have distributed funds to her but she has hired an Californian attorney and is threatening to place a "constructive trust" on my home in the UK as she feels she is entitled to more.
Can a constructive trust be placed on a UK residence from a trust dispute that is being negotiated in California?
Regards
Colin Finlay

Colin Finlay
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In certain circumstances, yes.

Can you explain what the terms of the trust were (was it in fact a trust set up by will?) and does the Californian attorney say why he is claiming a constructive trust over your property?

This sounds complicated. You need legal advice, pronto.
When I first saw this I thought it looked like one of those posts that appears in my email spam box.

Barmaid is the expert and is very helpful, Colin, so I would give her as much info as she needs, but I think you need to invest in legal advice on something as important and complex as this
You may have issues with jurisdiction; there is a good deal of difference between an institutional constructive trust and a remedial constructive trust. I would suggest you contact an experienced local solicitor
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