Legal Question in Wills and Trusts in California

Re: Sibling not in touch; can I sell assets?

First question, why did you turn over trustee duties to an attorney? Second question, how do you propose to give him his share of the cash that has already been divided? Do you have a banking account for him? If so, then I would suggest selling the items and then providing him with his share of that as well. The last thing you want is for him to come back later and accuse you of breaching your fiduciary duty.

Also, if you handed over trustee duties to your attorney, why is he/she not handling the sale of these assets as this would normally be part of their duty as trustee.

You state you are still executor...of the will I assume? The will should have been drafted to pour over all assets into the trust, this is part of the benefit of having a trust. Was it drafted in such a way or was it created to be independent of the trust?

Thee are a few more questions that I would have in regards to this matter, but it sounds like you have counsel, but they are failing to perform all of their duties as trustee. Was this the same attorney that drafted all of the documents in question?

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