Legal Question in Wills and Trusts in California
administration of mother's estate
My mother passed away June, 2001. I am listed as a beneficiary, my brother is the executor of mom's living trust/will. He has refused to give me a copy of the trust, or to administer any assets. He says the only way he will do it is if I sign a waiver to give up my interest in her estate. I have advised my brother of the applicable statues regarding his obligations to me as a beneficiary, but he continues to refuse to provide me with a copy. Attorneys have quoted me a minimum of $5000.00 to pursue this. I can't afford this. Can I file my own ''show cause'' in the county of my mother's residence (and death). How do I proceed?
4 Answers from Attorneys
Re: administration of mother's estate
California law requires that he give you a copy of the trust--he seems to be ignoring his duties right now. Usually a letter from an attorney will get the desired result, and this will certainly cost less than $5000. That kind of money would be necessary if litigation is required, which would only happen if he isn't cooperative even after the attorney gets involved.
Re: administration of mother's estate
$5000 seems extremly high considering the court will almost certainly order your brother to pay your attorney fees. I would keep shopping for a lawyer. No way it should cost anywhere near 5k
Re: administration of mother's estate
Unless you are very familiar with the local court rules, I do not recommend that you do this on your own. My firm handles cases such as yours on a contingency basis, on occassion. If you need assistanc, please feel free to contact me.
Mina Sirkin,Esq.
Certified Specialist, Estate planning, Probate and Trust Law, State Bar of California Board of Legal Specialization
Re: administration of mother's estate
First of all, you are entitled to a copy of the trust. He has a duty to follow the instructions of the truse, and if he doesn't he can be removed as executor.
He will probably cave if he gets a letter from an attorney, which should cost you no more than $300-500. And, he would be liable for your attorney's fees if it is shown that he violated the trust.
Call me if you need help.
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