Legal Question in Wills and Trusts in California

No Contest

My brother the trustee to my fathers estate is stealing money that is supposed to split 50 50. In the living trust it states a no contest clause, ''if any person institutes any legal proceeding that attacks or contests this trust or seeks to impair, nullify, void or invalidate etc..this trust agreement.(or any amendment to this trust agreement or codicil to the settlor's will) My question is does that mean I cannot hire an attorney to make my brother distribute the money as it states? I found out that he has stolen over 40,000 and I'm sure there is more, I have hardly received anything. My father passed in Jan. of '06. thank you


Asked on 8/13/06, 3:10 pm

3 Answers from Attorneys

Re: No Contest

Generally, the no contest clause relates to a challenge of the trust itself, NOT to the manner of distribution and accounting for trust assets.

You should take a copy of the trust and any and all accountings and consult with an attorney to discuss your options.

I would be happy to discuss the matter with you.

Caleb

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Answered on 8/13/06, 6:02 pm
Todd Stevenson Stevenson Law Office

Re: No Contest

No, such a clause will not protect your brother if he is breaching his duties as trustee. You should consult with an attorney with experience in this area as soon as possible.

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Answered on 8/14/06, 1:01 pm
Matthew Mickelson Law Offices of Matthew C. Mickelson

Re: No Contest

If your brother is truly stealing money, you have legal options to prevent him from doing so and to recover those funds. The no contest clause will not necessarily lead to you being cut out of your rightful share, so long as you are not contesting the trust by itself. Please feel free to contact me if you would like to discuss this further.

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Answered on 8/14/06, 2:47 pm


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