Legal Question in Wills and Trusts in California
(CA) Mother passed away 1/2011. Had a Trust and named Sister as trustee. Trust had 1 house, and $300,000 in Mutual funds and stocks. Found out recently that the mutual funds and stocks still have not been transferred to the trust. Notified by one of the stock companies they are getting ready to turn over assets to the state (California). Sister refuses to communicate, and moved into the trust's house. I know I (2nd trustee in line of 3) have to file to have her removed from the position as executor due to negligence. But where do I file? Trust last official address is in Los Angeles area, but I know she is living in the Yuba City (Sacramento) area. Trust has not provided any accounting, even after requested. I received 10% of the estimated estate so far (2 years ago), but Brother has not received anything.
3 Answers from Attorneys
The corect code section is Probate Code Section 17002, You are supposed to file in the county where the trust has its day-to-day activities. If that cannot be determined, then the action is brought in the county where the trustee resides or has its usual place of business.
Probate petitions are not easy. You probably should consult with a lawyer who litigates trust action for assistance -- and to help you determine all the relief to which you are entitled. For instance, your sister may owe rent and other monies to the trust.
I agree with Mr. Perry. I encourage you to take action sooner rather than later because it's possible you could lose rights as time goes on. If nothing else, just having to get the money back from the state adds a layer of complexity. You have several pieces of work here to do. I encourage you to find an experienced probate attorney. Best of luck. -John
Yuba City is in Sutter County, so you would file there. There's no reason the petition shouldn't be successful, given that it's been more than four years since the date of death. It seems fairly clear that the trustee isn't up to the job and hasn't treated all of the beneficiaries fairly.
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