Legal Question in Wills and Trusts in California


My father created his will shortly after his death leaving his assets to myself and siblings in equal shares. He remarried and he and his wife created a living trust, naming her as first executor and me the second. My brother gave her $12000.00 and she signed everything over to us, but naming my brother as the executor. I agreed to this, but under great duress at the time. Two years have passed, and all monies and income from the estate have been kept by my brother, without any real disclosure at all. Is there a way to go to the court and have him remoned, as this IS not what my fathers wishes were as outlined in his will or living trust. Bottom, line, my brother bought her off and over 30K has camein the property, let alone what it would sell for, and me and my siblings have not seen a penny. I asked him for a financial report, his response was ''What do you mean''. This is odd, he is in business for himself and his wife is a bookeeper, and he doesn't know what a financial report is? You see where I'm going with this. Please help and thank you.

Asked on 3/31/09, 5:20 pm

2 Answers from Attorneys

Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Executorship

If your brother is the trustee of the trust, then he has a duty to account to the beneficiaries. If you would like my help to get an accounting and to compel your brother to complete his duties, call me. My firm can handle this by telephone.

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Answered on 3/31/09, 5:58 pm

Scott Linden Scott H. Linden, Esq.

Re: Executorship

First and foremost, I would need to see copies of the will (although I HOPE he created it shortly 'before' his death and not 'after') as well as the trust.

It does not sound like the trust allowed for your brother to be an executor, so I am uncertain of how she could have signed him over the rights. I would also want to see what you signed to agree to the transfer of executorship, odds are, the will has it's own method and this was probably not allowed.

As the current executor, your brother is required to provide you and any other beneficiaries proper accountings.

I agree that court intervention is necessary in your situation and you will want to contact an experienced attorney. Our firm does specialize in these types of matters, so I am certain we can assist you, however, you DEFINATELY should go and speak to an attorney and let them review the documents that I mentioned above.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm's website at

Very Truly Yours,

Scott Linden

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Answered on 3/31/09, 7:06 pm

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