Legal Question in Wills and Trusts in California

What should I do

Father died in 2001. Had a living trust that left things free of trust to my stepmother (who never liked me or my sister) with the exception of real estate property that was to be left in trust until her passing, then half to be split between my sister and I and half to her kids (3 of them). She passed away last september -didnt get a notice of her death until January. The stepmother changed the trust leaving her son in law as trustee and changed her trust to 1/3 to my sister and myself (which differs from the 1/2 my father had in his trust) There was property in two places. So, I asked the trustee to send acopy of the trust, which I don't understand. meanwhile, I called my fathers old attorney requesting a copy of his trsut, which he informed me he could not tell me anything becuase my serpmother had fired him. Meanwhile, my sister has been using an attorney to get a copy, but I really dont talk to herand know they are not giving me any info concerning this matter. I did get a hold of the trustee ( the son in law) and he said everything is being held up becuase if my sisters legal actions and that my dads trust was wrong listing bank accounts that shouldnot have been listed that we are not entitled too. what should I do.


Asked on 3/04/08, 1:51 pm

4 Answers from Attorneys

Jeb Burton The Burton Law Firm

Re: What should I do

Simply put, talk to an attorney. It sounds like you might have a number of claims. If your step mother did not have the right to modify the trust, then the amendments are probably not valid. You need to take the copy of the trust into an attorney, and you need to do it ASAP before you pass the statutory deadlines. Your Sister had the right idea, you might contact her and see if you can join her action (if she does not have a conflicting interest).

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Answered on 3/04/08, 2:21 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: What should I do

Get independent legal representation. If you are unwilling to protect your rights, why would anyone else.

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Answered on 3/04/08, 2:29 pm
Scott Linden Scott H. Linden, Esq.

Re: What should I do

You really need to hire your own attorney. This is not an arena for those who are not practiced and you can cause yourself irreperable harm (via financial hardship), if you do not appear with Counsel.

Please feel free to contact our office for assistance at the number provided by LawGuru or through our firm's informative website, located at No-Probate.com.

Yours Truly,

Scott

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Answered on 3/04/08, 4:37 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: What should I do

hire an attorney to look into your claims without further delay--before it's too late.

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Answered on 3/04/08, 9:00 pm


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