Legal Question in Wills and Trusts in California

I have 2 sisters, 10 and 8 years older than me. I will refer to them as "10" and "8" to make this simpler. I am a 49 year old male living in california. 10 lives in texas and 8 in florida as does our mother. 10 was the executor of moms estate at first but 10 and 8's husband did not get along and it was deemed a conflict of interest so I was asked to step up. 10 was quite the know it all and had big plans for her position and her dreams snuffed out looked to me as her puppet and began grooming me to do her bidding. It drove me crazy and I stopped communicating with her. Mom and I went to her lawyer for some finalization and to fund the trust. I was delighted yet frightened when they said they would take care of everything as funding the trust was something 10 stressed as very important. But i trusted them, I'm that kind of guy, and returned home to california and to ignoring 10. Before my next scheduled visit to see mom I was informed that 10 had invited herself for a coinciding visit. Arriving before me she studied the trust and saw it was not funded. I had no idea of this and honestly had no plans of studying the trust or correcting the lawyer's (shoddy) work. 10 set me up against 8 and my mom in devious ways. Mom got sick one morning and needed to go to hospital. 10 didnt wake me up and later accused me in front of mom of not caring about her health and wanting her dead so I can get her money because the truth was-the truth was-- I didnt know the trust had not been funded and being AIF was sole beneficiary on some things. I didnt even know that as this one evening I was supposed to dine with 8 and 10, 10 told me that 8 was too tired after working all day and 10 told 8 that I didnt want to dine with her, that I in fact hated her. I kid you not. So mom, 10 and myself go to dinner where 10 spews so much delusional hate at me (all because I didnt want to be her pet/puppet) that Mom and I kick her out of the car on the side of the road. Mom and I retreat in fear but 10 storms in, telling mom i want to kill her, bringing up every joke I ever said along the lines of "its so windy up here on the lido deck-mom would blow right overboard!" a joke 10 and I both giggled at and had fun with, little did I know it was being encouraged and stored in a vault in 10's drug addled mind. Oh--and I filmed the whole 24 minute performance she gives playing directly to the camera.

8 comes and whisks away 10 and I leave the next day not realizing that mom now has a bug in her ear and being that she loves to rule as matriarch and her favorite expression was "i'll take you out of the will!" when I return home I am told that 8 will be the executor now and I'm all "fine!". But 10 is still battering hard on mom and she finally relents and takes me out of the will, but I am not told. I was never even told the lawyer's associate didnt fund the trust. I just think that 10 has made relations very awkward.

2 months after cutting me out of the will under the undue influence of 10, mom is Baker acted. Did I mention she was closet alcoholic? Now she is put in an assisted living community where suddenly after years of being the cold ice queen she loves everybody. I love you! she repeats endlessly. And 8, who was the daughter now has another daughter to add to the one she already had to take care of.

Speed ahead 2 years of very strained relations with 8 who is bittered by her new burden and 10 and I have not spoken a word. 8 calls mid march to tell me mom is dead and theres no need to hop on a plane, she had no friends and is being cremated anyway. Out of curiosity and suspicion at 8's casual desire to hang up I ask-hey-mom didnt cut me out of the will did she? And 8, the AIF, executor of estate and fortune says yes, that some trivial situation after my last visit was the final straw. Final straw? what were the straws leading up to it, because I'm not the one who borrows money and doesnt pay it back (8 does) and I'm not the drunken accuser and buzz killer (thats 10) Im the mild mannered son who doesnt have a fondness for probate law or doublechecking the lawyers work! And youve known this for 2 years? and youre the AIF? And your share just went from 30 to 40 percent and your daughter went 10 to 20 percent? 8 says "you had time to make peace with her" but I didnt know that I had to!!! what? what what!!

So my question is this: Did 8 have the right to keep this info to herself? The new lawyer claims that she was prohibited by law from disclosing this to me. And the fact that she was Baker acted 2 months after being coerced by 10 to cut me out--how does that play in? Could I have been told, made my peace and helped through by 8 who had power of attorney to do the right thing?

As it is now I am in the wings guaranteed they will "do the right thing" meaning I'm kissing ass when I feel like tearing heads. 8 and 10 have so much scandal in their lives with mom and I have none but I come across as the shady one hoping they throw me a bone.

As I am in california I could use some perspective--oh--and 8 has found god and told me in no uncertain terms that the 8 I knew is dead. this is born again 8 and honestly I dont think born again 8 likes me very much. This is all true. I am not making anything up. I actually simplified it as best I could.


Asked on 5/16/14, 11:44 pm

2 Answers from Attorneys

Jennifer Rouse Meissner Joseph & Palley

Sorry for the loss of your mom.

You will need to seek counsel in Florida where your mother resided and where your sister the trustee resides.

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Answered on 5/17/14, 6:54 am
Victor Waid Law Office of Victor Waid

Total agreement, with previous counsel. And be prepared to pay, as resolution of your problem is going to cost some serious money. So get your check book out if your serious about resolution.

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Answered on 5/17/14, 12:36 pm


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