Legal Question in Wills and Trusts in California

my mom died 1/3/2010, my younger sister is executrix, my mom had a trust (in ca.) and every thing was to be split evenly among her 6 siblings, but my sister has stolen moms property($400,000.00) and about $200,00.00 in assets. I got a lawyer and even though she broke almost all of the ca. trust laws I am unable to do any thing about this because there doesn't seem to be any enforcement of these laws and she doesn't have to account to anyone. she just makes up things and they become fact. eventho the rest of us know what my mom wanted.

Asked on 12/30/10, 10:24 pm

1 Answer from Attorneys

ROBERTA AVRUTIN Roberta Avrutin Law Offices

It's clear that you are very upset and may have very good reason to be! I can't tell what you mean to ask, so i'll offer just this. Without knowing your details, we have many laws in california to protect heirs and beneficiaries from wrongdoing. the trick is to be able to prove with hard, factual evidence, to the satisfaction of the court that the wrongs occurred and when they occurred, in order to enforce the laws. in some cases, this can be a very lengthy and costly process. at a minimum the trustee is required to provide you with an accounting of financial transactions that the trustee, presumably your sister?, engaged in using your mother's trust funds and other trust property. your attorney has presumably reviewed the information you provided and advised you accordingly. if you are concerned that your present attorney might have missed something in her/his analysis, consider getting a second opinion from another attorney. just make sure you consult a lawyer who is experienced in the area of trusts and estates. best of luck.

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Answered on 1/10/11, 3:49 pm

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