Legal Question in Wills and Trusts in California

I owe back child support which I am currently trying to handle in family court and part has already been paid by my sister from our parents trust, my sister and I are not on speaking terms. She is the executor of my parents trust in the trust it states no heir will be denied help with either purchase of home or start of a business. Would that still be honorable even though I have the child support I am dealing with and how would I go about requesting it since my sister and I do not speak. I live in California if that helps.

Asked on 6/15/13, 8:59 pm

2 Answers from Attorneys

Charles Perry Law Offices of Charles R. Perry
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If you and your sister are not on speaking terms, you will need to have someone communicate with your sister on your behalf. That probably means retaining a lawyer to assist you.

The language you paraphrase about help to purchase a home or start a business is enforceable.

If the trust and/or your sister are not in California, you may have to eventually retain a lawyer in another state. For the time being, a California lawyer should be able to contact your sister on your behalf and at least try to start discussions between you.

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Answered on 6/16/13, 12:38 am
William Christian Rodi Pollock
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I would suggest you start by trying to determine whether she has engaged an attorney. If so, contact that attorney. You should also seek counsel for your self in this matter. You do not indicatee what state the administration is conducted, and this will likely impact where you select counsel. This gratuitous response does not create an attorney client relationship. The advice provided herein is generic, may not apply to your circumstances and is not to be relied upon in your actions. An attorney client relationship is created only upon execution of an engagement letter hiring me or my firm.

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Answered on 6/17/13, 10:50 am

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