Legal Question in Wills and Trusts in California

can I (the beneficiary and co-trustee) sue my co-trustee sister for hastening moms death to defeat unfunded trust? plus: 1. Day after moms passing she took from moms room (my home residence) while I was out and without asking me, all our mothers valuables documents such as financial, bank, SS card, birth certs, chck book , all bank statements card, etc.; 2. Changed our deceased mother address to hers without asking me or advance notice; 3. She then also taunting me (the beneficiary) in the garage (my/moms home) with siblings, that "i m gonna lose the house", "child support will take it", "is going to probate anyway", prompting me to go in, grab and show them and apparently surprise her (my co-trustee sis) with moms 2017 TOD Deed naming me and recorded; 4. Then with her POA for medical (co-trustee sis) e-mails mortuary not to give me death certificate of my mothers; 5. Then in text conversation, co-trustee sis refuses a video conference with me and moms estate planning attorney; 6. Same text conversation she states she is having ANOTHER attorney contact moms attorney to investigate if trust is valid document, siblings not mentioned, etc., and if the house will go to probate regardless; 7. then creates deceitful conversation on sibling group text to scare siblings to join sign and fund co-trustee sis's petition to remove me as co-trustee for using moms TOD Deed to transfer home. Apparently now she's defending the trust; 8. On her petition to remove me as co-trustee of moms unfunded trust, co-trustee sis states "she has a fiduciary duty to omitted heirs" followed by "to declare siblings not mentioned as omitted heirs"; 9. Mom left a journal in the unfunded trust describing an abusive sis (co-trustee) towards Mom and more....the question was can I sue?

Asked on 8/26/22, 11:13 pm

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

In your whole long recitation of facts you don't once mention how, why or when she "hastened" your mother's death, or what consequence it had for the rest of the dispute. If you have evidence that she actually did something that caused your mother's premature death you need to call the police.

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Answered on 8/27/22, 9:58 am

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