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!!


Asked on 5/05/08, 5:18 pm

1 Answer from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: irrevocable family trust

Answered.

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Answered on 5/06/08, 6:52 pm


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