Legal Question in Wills and Trusts in California
Dispursement
My mother passed away last year. After her death, my father who residees in a nursing home signed over the house to his 3 children. My brother lives in the house. He has not taken care of the house, he does not attend to my father's care, he does not work and refuses to return my calls. My sister wants to keep the house so that she has a place to stay when she visits. She also does not work and is an alcoholic. They are co-executors of my mother and fathers wills/trust. After numerous attempts to try and resolve this without legal action I contacted an attorney to force them to sell the house which was deeded over to us three children equally. I am prepared to file for partition. My question is, the value of my Mother's belongings, my Father's car, the home and it's furnishings are being used and abused by my brother and sister. As stated in my Mother's will all her assets/possessions were to be divided equally upon her death, that was 1 1/2 years ago and I can't even get a return phone call. What is my right legally and how do I proceed from here. I am so very frustrated and cannot believe that legally they are able to use and abuse their appointment. A GRAVE oversight on my Mother's part. Please help!
1 Answer from Attorneys
Re: Dispursement
You have mentioned will and trust in your question. In both cases, you can petition the court to have them removed as executor and/or trustee based upon their failure to follow the terms of the trust or to timely probate the will.
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