Legal Question in Wills and Trusts in California

Estate in Trust

I am the 2nd named to operate a trust estate for my father who passed away. In the living will/trust, it states if the primary (my sister) cannot manage the trust for some reason, I would take over.

Would this include poor management? For instance, not paying property taxes when money is available, delinquent on all bills destroying the legacy of my fathers perfect credit, etc. My sister is also an alcoholic and when not working, drinks until passing out nightly.

Is it possible to simply go to the county clerk to get documentation giving me complete control of the estate?


Asked on 6/14/07, 4:34 pm

1 Answer from Attorneys
Jeb Burton The Burton Law Firm

Re: Estate in Trust

This depends what the trust document states. There should be wording as to how one goes about challenging the trustee. If there is not, then you would have to bring an action against your Sister in court (and most likely even if there is such wording). I would strongly recommend you hire an attorney who handles trust contests/probate in whatever county governs. You will almost definetly need them to assist you with this.

As a general response, this is not legal advice for I don't have enough information.... it does sound like you have a pretty strong case based on the facts you presented.

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Answered on 6/14/07, 5:27 pm


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