Legal Question in Wills and Trusts in California
arbitration protocol
My father died in 2001 and had everything transferred into a trust in my brother and my names with a life estate letter in order to protect my mother from making bad decisions. The trust remained as prior to my dads death with assets in the trust but used by my mother and never having taxes paid as per the trust. For capital gains purposes and due to the normal A/B trust we established that the trust was established from the time of my mothers death in 2006. However during arbitration my brother added expenses of 10,000 since my fathers death, mainly to visit his mom and go to dinner and I did not submit any expenses from that period although I was the primary person takiing care of the home and my mother. I had asked the attorney arbitrator to establish the time frame that we were to start our expenses numerous times prior to the arbitration hearing and did not receive an answer. He has allowed these expenses which opens up the trust to capital gains and I was not allowed to submit these expenses following the hearing although my brother was allowed to, and that the hearing was to be binding and final at that point. What can I do at this point.
1 Answer from Attorneys
Re: arbitration protocol
Answered on initial post