Legal Question in Wills and Trusts in California
I have discovered my brother and trustee of the family trust has stolen monies from the inheritance of myself and my siblings.
My other 2 siblings have been diagnosed with schizophrenia, and are not capable of standing up for themselves. I am a returning student at a city college, and not employed at this time.
Recently, I finally received the itemized list and bank records for the will-- only after contacting the trust attorney-- who quickly passed this case onto another attorney upon learning what my brother did.
The itemized list has huge gaps, where no record is being offered about monies spent. Also, the bank statement that shows what each sibling should have received in their inheritance is missing. My brother claims the mirofilm was damaged.
In the meantime, I have received a waiver from the new trust attorney that basically says if I sign, my brother will give me $17K-- but I cannot sue him for more, if I discover he has the rest the inheritance belonging to his siblings .
Is there a way I can find out what I should have received in my inheritance?
Also, my brother/trustee sold the house belonging to my deceased parents. Are all siblings entitled to these monies? It was not mentioned in the will, or that part is also missing.
Thank you.
2 Answers from Attorneys
As a beneficiary, you are entitled to a full accounting of all monies taken from the trust.
I suggest you contact an attorney immediately to schedule a consultation first to discuss the waiver and second to discuss your options. If you believe your sibling is dishonest, you can petition to have the person removed as trustee.
Feel free to call to discuss your case. The first call is always free.
Your zip code puts you out of the part of California that I practice in, but I would still strongly second Scott's good advice to seek and retain legal counsel ASAP. I fear that you will find the money that should have gone to you and your unfortunate siblings is itself long gone and you may wind up with an uncollectable judgment.
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