Legal Question in Wills and Trusts in California

confused

My mother past away leaving a trust that my sister is the executor. The trust says everything to be divided between my sister(executor), my other sister, and myself. After the death certificate is issued, I thought the executor had access to the accounts to pay the debt? Instead my sister(executor) told me she would send papers for me and my other sister to sign and to notorize 40 days after death. Why after 40 days? I haven't received these papers yet, so I really don't know what they are, but she(executor) told me she needed this to be done to access the bank accounts and to sell the house. Should I be concerned about signing such papers? Could I possibly be signing my share of the trust to her(executor) without knowing? If not, is she(executor) really telling me the truth? Plus all I have is a unofficial copy of the trust my sister(executor) gave me, I have no official documents, should I be concerned about this too? I feel I'm left in the dark, and I don't know how to handle my rights, if I have any. please help sort this into a clearer picture for me. thank you, confused.


Asked on 12/27/05, 11:13 am

2 Answers from Attorneys
Donald Field Donald L. Field, Jr., Attorney at Law

Re: confused

the trust agreement and other documents should be reviewed by a California probate attorney who practices in the county where your mother resided. if this is in the San Francisco Bay Area, please contact me.

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Answered on 12/27/05, 11:47 am
H.M. Torrey The Law Offices of H.M. Torrey

Re: confused

First of all, a trustee/executor has fiduciary duties of loyalty and due care in effectuating the trustor's intent. Failure to do so is actionable in Court. Meaning, your sister at issue cannot legally "rip you off" by having you sign over your share unknowingly and "get away with it". However, you are very wise to try to "nip this in the bud" if you suspect foul play of some degree afoot. You may want to have an attorney represent you in this probate/trust matter promptly. For a free consultation, contact us directly hereafter.

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Answered on 12/27/05, 3:15 pm


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