Legal Question in Wills and Trusts in California

Death and trust

My Aunt passed away recently and she had a trust. No one has a copy or the name of the attorney who did it. The only person is one of her sisters who will not share the trust info and she is the trustee I believe, my mom was one too but passed away lat year. We believe that half the estate was left to the nephews and nieces or to my moms kids. My Aunt told us she is not going to tell the attorney of her passing and is not going to follow the trust. This tells me that half the estate does go to others. She has already cleared out the home and is going to put it up for sale. How do we stop this and can she just sale everything and keep it all?


Asked on 12/30/07, 11:31 am

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Re: Death and trust

Tell her that if she violates the Trust she is personally liable for all damages to the Trust and to those who are to benefit. In order to sell the home, she is going to have to show the Title Company that she is the owner of the property or the trustee of the Trust and that proof will be filed in the public records so you will find out what is said in the trust. She will also be subject to criminal charges for thief, fraud,etc. If any of the assets are not included in the Trust, then she will have to file the Will for probate and attach a copy of the Trust. See if you can find who bought a large number of items from the home to see if they got any proof of ownership. Look through the local court records and filed documents to see if you can find anything related to anyone. The title of her house should have been transferred to the Trust [if it was not, it is not in the Trust] and filed with the Recorder's Office and should have someone's name on it. See if any of those lets you find someone who will speak to you. Also check the tax assessment records as to where the tax bills are mailed.

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Answered on 12/30/07, 5:39 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Death and trust

You have to file a lawsuit against the aunt for an accounting if she is trustee. If there is no trust or the assets are not "in" the trust, you have to file a probate proceeding. Call an attorney and get busy. If you don't protect you rights no one else will.

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Answered on 12/30/07, 10:33 pm


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