Legal Question in Wills and Trusts in California
irrevocable family trust
I am the sole trustee of my family's trust. I have only one brother so there are only 2 heirs to the estate. My brother has falsely accused me of abusing my power as trustee, he is mad that mom deleted him as cotrustee due to drug habits and unemployment issues etc etc.(even though he has not filed an official elderly abuse lawsuit) however he requested through an attorney a formal accounting. I gave em all records and they found nothing. The trust splits everything exactly in half. As a last gasp his attorney said that if we paid his $5000 dollar fee and gave my brother $10,000 from a nonexistent Cd that I supposedly deposited in my account, they would not contest and sign the distribution. We have a court date soon in May probate court for authorization of distribution. My brother has extended this process almost a year now from the date of mom's death out of spite. He is living rent free in one of the 2 homes in the estate. I have paid all his bills because the estate has not been divided. I will try to recoup all expenses from his share. What if he refuses to sign the distribution?How long can he extend this? I have $35,000 cks he forged from moms accounts during my executorship, a credit card he stole and used etc. Help!!
2 Answers from Attorneys
Re: irrevocable family trust
Tell it to the judge and let the judge make the orders.
Re: irrevocable family trust
You are mixing together the family trust and your mother's will. Have you been appointed by the Court to a position of control as to the Will [the Trust should state who is in charge, which apparently is you]. If the court has appointed you administrator of the estate, you are allowed to hire an attorney to repesent you in that role; since the estate is to be evenly split, you end up paying half of the attorney fees since the assets of the asset are reduced by the amount of easonable costs incurred.
Legally, you probaly do not need an attorney, but I recommend that you hire one. But you sound like a push over [no offense meant, just a legal analysis] and need someone to stand up for you at any court appearance and deflect some of your brother's current and future anger at you. He accuses you of stealing and his attorney tried to blackmail you [it has been over one year since probate was opened so should be barred by Statute of Limitations] and you ask if you should show the judge proof that he stole over $35,000. Have your attorney speak to your brother and his attorney beforehand to lay all the cards on the table and see if they want to attend the probate hearing or play safe and hide. You also have a duty to the trust and the Will to present evidence of the checks, perhaps illegal renting [he is allowed to stay in the house but not have it for his exclusive use].
You raise several issues and show that you definitely need a local attorney representing you. Any attorney who has handled probate will tell you that appeasing your brother as you have makes a such sense as England and Frances behavior to Hitler as to the Czech defensible borders. And your brother will hound you after the distribution has occurred. Puting your foot down eventually will make your own life happier.
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