Legal Question in Wills and Trusts in Arizona

Successor Trustee/Sister Not Very Trustworthy

My parents set up a Revokable Living Trust along with their Wills in 1992.Everything was to be divided of equal value among my two sisters and myself.My dad died almost 8 months ago (mom in 1994).Both sisters owed money for houses my parents carried the notes on.Per the Trust,they were to take outstanding debts as a portion of their inheritance.

I was led to believe that there would be a meeting among the three of us to divide personal property.I repeatedly told my Trustee/sis that we needed to get an appraiser to keep it somewhat balanced. Before an inventory was taken & without my knowledge,Trustee & CA sister held a garage sale & split the money.Then, Trustee allowed CA sister's kids to come over from CA & take what furniture they & their mother wanted.

I hired a lawyer as the Trust atty was going along with anything Trustee did.My lawyer demanded that the Trustee release $70,000.00 to me as I had discovered that Trustee had released the Deeds on she&CA sister's houses in Aug. Along with the check I received 2 weeks ago was an Affidavit of Approval of Acctg. that they want me to sign before check is cashed. The acctg is a joke.My lawyer wants me to sign.

Can I file an objection,w/o atty,if this isn't in Probate?


Asked on 1/22/05, 5:33 am

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

Re: Successor Trustee/Sister Not Very Trustworthy

Yes, you can object to the approval of the accounting and the acts of the trustee. I do not know why your attorney is not taking action as you would instruct him/her to do, however, you can fire your attorney and hire another or take action representing yourself. You must act quickly as there are time periods that will or may have already run out for the court to review/supervise the action of the trustee.

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Answered on 1/22/05, 12:44 pm


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