Legal Question in Wills and Trusts in California
My Mom passed away in June of 2010. My brother is the Trustee. On the Trust it states that the Trustee shall divide the children's Trust into two equal shares, one share for each of the Grantor's two children Steve Richardson and Alex Richardson. Provided Alex Richardson is living at the Grantor's death and elects to receive the improved real property at [Address], the property shall be distributed to Alex Richardson as part of his distributive share. The property shall be valued at its net fair market value. In the event the net fair market value is greater than the share Steve Richardson receives, Alex Richardson shall pay such amount as required to equalize the difference in distributions between Steve Richardson and Alex Richardson not later than the tenth anniversary of the Grantor's death.
My Mom's attorney which is now my brother's attorney is the one that drafted, witnessed and signed the Trust Agreement. It appears that he is going against the Trust by siding with my brother and sending me threatening letters to pay my brother all of the assets that was distributed to me, or he will be forced to take action in court and have a judge rule. I cannot sleep at night and I am afraid to hear about going to court and they know that I am afraid and they are making my life unbearable. I am very depressed.
3 Answers from Attorneys
You need to have a lawyer review the trust document as well as the correspondence from your brother's lawyer. You should also consult a mental health professional. *This is not legal advice.*
Ms. Cusack is exactly right. Your situation is one that cannot be resolved in an online question/answer forum.
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