California  |  Wills and Trusts

Legal Question

Asked on: 3/31/09, 5:20 pm


My father created his will shortly after his death leaving his assets to myself and siblings in equal shares. He remarried and he and his wife created a living trust, naming her as first executor and me the second. My brother gave her $12000.00 and she signed everything over to us, but naming my brother as the executor. I agreed to this, but under great duress at the time. Two years have passed, and all monies and income from the estate have been kept by my brother, without any real disclosure at all. Is there a way to go to the court and have him remoned, as this IS not what my fathers wishes were as outlined in his will or living trust. Bottom, line, my brother bought her off and over 30K has camein the property, let alone what it would sell for, and me and my siblings have not seen a penny. I asked him for a financial report, his response was ''What do you mean''. This is odd, he is in business for himself and his wife is a bookeeper, and he doesn't know what a financial report is? You see where I'm going with this. Please help and thank you.

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