Legal Question in Wills and Trusts in California

Can I the beneficiary of moms 2017 TOD Deed naming me, and 2019 unfunded trust naming me also for real property, sue my co-trustee sister for not helping me, for two weeks before moms passing to fund the trust and instead hastened moms death with morphine when i mentioned incapacity letters that same day, plus looting moms room (moms home where only i lived and cared for mom the last 20 years), taking all financial docs, pass ports, bank statements, made address change to our deceased mothers name to her (co-trustees) own, with POA for medical, telling mortuary not to give me death certificate of our mothers behind my back, refusing a video conference with me and moms estate planning attorney, and more, all documented, plus for creating a deceitful campaign on sibling group text (smear campaign against me) for siblings to sign join and fund co-trustees petition to remove me as co-trustee for using moms TOD Deed Deed? then after me being served petition, my attorney tells me to resign as trustee, so my trustee sister records herself as sole trustee of Moms trust for the Moms real property? Can I sue?


Asked on 9/03/22, 6:30 pm

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

You can sue for anything you want. The question is whether you have a case. If your attorney told you to resign as trustee, it sounds doubtful you do, but there is no way to make that evaluation in an internet Q&A format. You have a lawyer who knows your case. You need to ask them.

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Answered on 9/04/22, 11:07 am


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