Legal Question in Wills and Trusts in California
can I get my inheritance my brother has taken from trust?
My father died 3 yrs ago leaving everything in a trust to divided equally between my brother and myself. My brother is the trustee and has not spoken to me or contacted me until last month when he left a phone message stating he is sending my half of my father's tax returns for the year 1993. This is the only money I have received and he still owes me $400,000 as my half my father had invested in American Express. I did receive an accouting last November which I objected to in a letter to him, but he never responded. How can I get my half which he has taken and either kept or distributed to his son (who just purchased a new home)? Isn't this a crime? I was my fahter's caregiver for the last four years of his life and I am disabled.My brother's actions have kept me financially starved so I could not get proper legal representation. Please advise.
2 Answers from Attorneys
Re: can I get my inheritance my brother has taken from trust?
Without reviewing the trust, it is difficult to say. If he is violating the terms of the trust, you can have him removed as trustee by the court. You should have acted faster.
Re: can I get my inheritance my brother has taken from trust?
From the facts as you describe them, you will need to file with the court for an accounting. Your brother will have no choice but to respond to your allegations and provide a detailed accounting that will satisfy the Court.
As co-counsel stated, much of the Court's decision will ride on the terms of the trust itself.
Our office would be happy to review the trust for you. Please feel free to contact me directly or through our firms site at No-Probate.com.
Scott
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