Legal Question in Wills and Trusts in California
My father passed away last April. My sister is the excutor of the trust. The trust includes a building with a tenant paying 14k month. I want out of the trust because she is not disclosing where she is using the money and wasting it on a bs lawsuit on my mothers friends to scare them outof the country. She is not giving me documentation of the property so I can get an aprisial. How does one go from here. I would like to partition my 1/4 out of the estate. tell me the steps, If i dont have to get a lawyer I could represent myself in probate court. Help!
4 Answers from Attorneys
You will not be successful against a trustee in probate court without a lawyer of your own. The trustee can generally hire an attorney out of the trust's funds. You need to talk to a probate litigator in your area.
You will need an attorney to help you. First, an attorney will need to see the actual trust to see the terms. Is the trust supposed to be distributed now or later? Are you only entitled to a % of the income now? When was the last accounting? Without an attorney you have little chance of being successful in challenging the actions of your sister.
you probably don't have a partition cause of action available to you unless you are entitled to an immediate distribution of your share of the building. an action to compel an accounting and to have yourself appointed trustee is needed.
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