Legal Question in Wills and Trusts in California
Gave Assets Away Intentionally
Mom recently died. I am named trustee to her trust. One sibling is upset because she was not named. But she is a beneficiary to moms trust. This sibling goes to stepfather and he gives her all assets with full knowledge I was suppose to handle the assets. This sibling gives stepfather a letter ''release of responsibility'' stating she had my permission and the other beneficiaries permission to remove the assets, which was an outright lie. Both stepfather and sibling knew it was wrong. What can be done to recover these assets? Keep in mind, sibling is outraged for not being named trustee and refuses to answer my requests for return of assets.
1 Answer from Attorneys
Re: Gave Assets Away Intentionally
If she's refusing to cooperate or even talk to you, you'll need to go to court and file a petition to return the assets to you, or at least to a temporary trustee. The petition can be done on short notice, or "ex parte," as the court understands the assets have to be protected and returned to the trust. Even if she'd be entitled to the same property through the trust anyway, it still must go through the correct process and be held by the trustee while creditor/tax/beneficiary issues are softed out.
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