Legal Question in Wills and Trusts in California

I am a beneficiary to my fathers irrevocable trust. My sister was named trustee but she had my brother step in her place. Did she need to ask everyone, there are 5 children? My brother did not have my fathers property appraised before he sold it. I believe it was sold for way less. He also held on to 250,000 for 4 years because he said there was a threat of a lawsuit. There was no evidence of a lawsuit. During the open house he told everyone he was my father. He neglected to reveal that one of his properties had a fire several years ago. The buyer found out but told me they weren't going to sue. My brother wont return my messages, wont give me or my sisters an accurate accounting. He was remarried for the third time and his wife is in the trust that I received and all of us get equal shares of the money. My brother only gave me a copy of three part od the trust that included property. That is where it says we all get equal amounts. He refuses to give me a copy of the other part of the will which I he says is solely for my step mother. My father had a lot of money. A lot of stocks I note for sure one of them was worth 350,000. He had several bank accounts also. Can I sue him for breach of fiduciary duties. Am I entitled to copies of the whole will. Thank you.

Asked on 5/23/19, 8:54 am

1 Answer from Attorneys

Aaron Feldman Feldman Law Group

Most Trust have provisions that state how the successor trustee is chosen. An attorney would need to review your father's trust to see the exact language. There could be a clause that permits the existing Trustee (your sister) to appoint a successor. Or, your brother could have been the named alternate and was supposed to take over when your sister resigned. As for the rest, you are entitled to an accounting and you may have claims for breach of fiduciary duties. You would need to review the matter with an attorney in detail. I would be hay to discuss this with you: 925.283.6691

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Answered on 5/23/19, 9:03 am

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