Legal Question in Wills and Trusts in California

Hello, I am a co-trustee co-beneficiary of my mothers will and trust. We are three sisters and we hold the same status as such, except the youngest sister is the active trustee (only because the attorney explained to us 16 years ago she lived in the state of CA where the will was filed. We two older sisters where out of state. Now the trust is to be closed and distributed. However, we were never given any financial info and we would never have gotten any except I found out we are entitled to a financial accounting of the trust assets. That has been completed and the math is correct but I have no way of knowing if the content is correct. we have tried to get the financials of the trust from the trustee sister who refuses to cooperate and have gotten no help from the attorney of the trust who protects the trustee sister. The paralegal is filled with insipid responses, rudeness, demanding we close the trust, tells me we cannot be active co-trustees now since the trust is to be closed. I responed that yes, I can become a trustee who no longer "declines to act" and that is what I now want. I won't sign the statement that the trust accounting is accurate and that I accept it under penalty of the laws of the state of CA. One attorney I spoke to said I should not sign it until all my questions have been answered. At this point most of my questions have not been answered My trustee sister will not share any information with me and has not for no16 years. My mother died in May last year, 2008. My trustee sister led me to believe there's not much there. She'll have to ask HER broker, any answers from her to my questions are vague at best and and generally she avoids telling me anything. We are in the dark and have had our rights taken away the minute we walked into that attorney's office in 1993 when my mom was 80. My trustee sister lived with her on and off for years and neglected to get a signed statement to be the Power of Attorney over Assets from mom. I do not believe such a signed by 2 doctors form was ever completed. I asked the trust attorney for that form and also for a form to become active trustee for myself and my other sister. I have not heard from the attorney or her paralegal who promised to return my call right away. We have never gotten any satisfaction with the attorney or my trustee sister. In fact the attorney for the trust and supposedly the attorney for all of us. (this they claim is true) will not take my calls and my trustee sister will not speak to me either. She offered a bribe of sorts offering my sister and I a 1/3 portion of the value of mom's house to be divided between us. That's 1/6 each. But I have to leave her along or I won't get any portion. This is all very strange and unexpected as my younger sister always told me that she loved me and we always got on very well. I have no idea who she really is. I think she layed claim to mom;s house and monies after my dad died in 1981 but has been keeping that secret for years. The attorney only has loyalty to her. The paralegal has only been rude, telling me what I can and can't do, demanding that I sign the accounting of assets paper so the trust can be distributed and closed. I have to sign that under penalty of perjury and I don't even have any real financial info. Trustee sister kept everything under lock and key. Help me please.


Asked on 8/27/09, 6:47 pm

1 Answer from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

You should have an attorney get to the bottom of the matter. What was the trust funded with? Was it an income trust with the assets distributed to one of the beneficiaries at a particular time? I will be able to assist in the review of the trust and the investigation of its execution for a reasonable fee. Contact me directly.

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Answered on 8/27/09, 7:45 pm


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