Legal Question in Wills and Trusts in California
My husbands brother was named trustee for their mothers estate. She passed away 10 years ago, and the brother has done nothing to finalize her estate. We want to take control of the trust and finalize things, as he is in complete default of his responsibilities, and the property has lost thousands in value as a result of it. We have never even recieved any certificates of accounting nor have we been informed of the value of the assets, etc. The story is long, but our question is," what steps do we take to take over the trust, as he will probably never do anything about it?
1 Answer from Attorneys
Do you have a copy of the trust? Is anyone named successor trustee? If so, you can ask the brother to resign as trustee and allow the successor to take over. This will need to be done in writing.
If not, you will need to file a petition to name a successor trustee in your local Superior Court.
I suggest you contact a local Estate Planning attorney since taking over requires legal expertise.
Good luck!
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