Legal Question in Wills and Trusts in California

My brother passed away last April (2009). He had a CA Trust. However, he had transferred his 401K money over to a Fidelity IRA Account a few years ago, but he failed to list anyone or the trust as a beneificiary. This is the only account with money in it....I have sold his vehicle in order to keep things "afloat" for the last few months ... until it ran out....(We the beneificiaries are in the state of New York). The Trust account was made in CA where my brother lived.
Our Trust attorney filed a petition of court in CA. The court came back and said to either petition in the state of New York or to get Consent of the beneificiaries. Two NY attorney's advised against filing in New York - because New York would turn around and tell me to file in the state of CA. So we decided to get the consent of beneificiaries instead.....
Since this time, the trust is broke. The two major assets were a boat and house. The house was sold (via short sells) and broke even. The boat was reposessed. AND because we owed the Trust Attorney $900 she stopped work last October 2009. Since then - nothing has happened and I was told I need an attorney to petition the court of CA.
We (just recently) gathered enough money to pay the trust attorney and she, as of this moment, has done nothing? What do we do now? I am the sole trustee and have worked MANY long hours to do what is right for my brother's estate and his children----only to end up here --- with no money, no attorney, and no clue what to do next?

Asked on 2/24/10, 11:12 am

Joshua Hale Hale Law Group

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What county in CA is this in?

Answered on 3/02/10, 11:16 am

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