Legal Question in Wills and Trusts in California

I live in California and am 1 of 3 beneficiarys named in my Moms trust. She passed away on June 27, 2012 and my sister who was named as trustee by our Mom has been nothing but hostile towards me after she took control of the trust. My neice who is my sisters eldest daughter is co trustee and by my suggestion to my Mom on my part. My problem here is that from July 2011 and on when my sister took over as trustee she has been nothing but hostile and has refused to give me any information regarding the proceedings of the trust. The estate attorney she hired had to be e-mailed 3 times over a two month period asking for a copy of Moms trust documents for myself. I am named in the trust along with my sister and neice. The problem is that my sister has refused me any other information that I have requested. I want to know about the money our Mom left in her checking and savings account and added up to over $200,000 as well as Moms $49,000 life insurance policy that she denys cashing in. i called the company and gave them my Moms policy number and they told me it had been cashed in but could not give me the name of the payee. My Momhad been gone about four monthes already. My Mom had sat me down 8 monthes prior to her death and told me exactly what she had in bank assets and life insurance since I already knew about her property and its worth. It was payed for free and clear, my Mom did not have any outstanding debts, just the usual closing costs on her utilitys and such, one credit card with about $200 owed and her property taxes which were not much and of course her burial expenses. My Mom had the plot already and it was payed for. My Mother was thee most responsible person ever and her wishes were to leave us three girls something if there was anything as my Mom used to worry about constantly left. She did leave us something in value and cash in the bank and in the form of a life ins. policy and now that the property has been sold my sister is still refusing me things I am entitled to receive....like my share of the sale of the property which is one third of $325,000. Its now been a month since its been sold, and i was told i had to write the attorney in response to a letter he had sent me on September 1st of 2012 when I asked him to remind his client to send me an accounting report. Well what I received instead was not so much as an accounting but an inventory of items in our Moms house as well as what her property was valued at. In the inventory is items I am accused of taking but not on there is things my sister did take. she abused her powers as trustee and I did not for once ever get a fair shake in her dealings with me. i just now want my money, a third of the sale of the property, a third of whats left in our Moms bank assets and a third of the life insurance money. I was told i had to respond to the estate attorney when it stated in that last letter that i must respond directly to the trustee. So I coverd my butt and sent a letter of response to my sister and then a copy of my response to the estate attorney. Now its that he is sick with pnemonia and she cant disburse any money until he gives the go ahead. I am sick of the excuses, the delays and want my money from the sale of the property because I need it badly and I also plan to hire an attorney to find out what my sister did with our Moms bank assets and find out who really cashed in that life insurance policy. I know my sister did and I have the feeling she isnt going to release my money because she knows i am going to hire an attorney to get to the bottom of just what she has done with money that is supposed to be mine but she wont answer the question of where and what did you do with it. Does my sister have the legal right to hold my money for a certain amount of time even after my Moms expenses have long been settled?


Asked on 10/25/12, 4:12 am

1 Answer from Attorneys
Neal Rimer Neal M. Rimer, Esquire

It does not sound like things are going right. There is a notice required that either sends a copy of the trust to you or gives you notice that you have a right to the trust documents. This is required under the probate code. Within 60 days of a change of trustee, an accounting must be rendered.. although in your case, it seems that the accounting would have been given to mom (back in 2011). Accountings are required under the probate code as well as keeping you informed on what is going on. The time for administration is within the trustees discretion. Most administration goes on for about 1 year. But, if everything is done already, then perhaps distributions should take place. My biggest concern seems to be that the attorney for the trustee may not be familiar with this area of law... otherwise, you would have received notice and would not be getting the run around. You should retain an attorney to assist you with this trust.

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Answered on 10/25/12, 8:21 am


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