Legal Question in Wills and Trusts in California
administration of trust
Over 6 months now and nothing has been done in regards to the trust; I'm wanting to know the procedure and the proper people to contact to file a petition to have a change of successor trustees from my older to younger sister. My problem is who and how to go about doing this. I live in Sacramento, CA and desperterly want to file this----am asking to please help me with this dilema. I know absolutely nothing of law.
1 Answer from Attorneys
Re: administration of trust
When you say nothing has been done on the trust.... do you mean there has been no distributions, or that no one has begun trust administration? These are two totally different issues, the first is very common and is most likely not something you can force in court, the later can be more complicated. If the problem is that your sister has not filed the will with the court and started trust procedures, then you do have an actionable claim. One way to handle this, if your sister refuses to administer the trust, would be to file for probate on the individuals estate. This will force your sister to produce the will and file to have probate removed (which will also force her to begin trust administration). Then if your sister is still not doing her job, the trust should have procedures in place to allow a change in trustee.
Once again, if what you are concerned about is that you have not recieved a distribution.... this is extremely common, trust administrations often take over a year to disperse. Especially if it is a large estate, invovled complicated issues, debts or tax problems.