Legal Question in Mediation in California

responsibility of successor trustee in probate proceedings

my sister-in-law passed away, then my brother passed away . They had no childre at all. In their trust, her sister was named 1st trustee, I was named successor trustee. Although we both made arrangements for services and have worked together on many issues, I have not been included in appts. with a new attorney she hired, and am I need to be included incase something happens to her before estate is settled. My sister-in law died 9 mo's after my brother, and I helped care for her. The problem is that the part of the trust designating beneficiaries and distribution of assets had not been completed when she died. Her sister had informed me that the estate now has to go through probate, and her attorney said that by law, her side of the family are the sole heirs. #1. Do I have the right to ask to be included in meetings with attorney? #2. Is she within her rights to keep all assets?


Asked on 6/06/09, 4:33 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: responsibility of successor trustee in probate proceedings

I'm very sorry to hear about your family's tragedies.

If you're a successor trustee to the decedent's sister -- who is the trustee -- you have no right to insist on being included in any decision. Whether she has a right to keep the assets is another story. You should have an attorney review the testamentary instruments and provide you with advice on whether you should be inheriting any of the property and your remedies.

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Answered on 6/06/09, 8:21 pm


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