Legal Question in Wills and Trusts in California

liveing revolkable trust

father died, left his 5 childern equal intrests in all moneys,cd's,annuties,and real estate, in a living trust with one sister as execitor, i have been refused,a copy of the will, an accounting of all assits,accounting of all expenditures, i also have been denied access to real estate. also my sister has hired a legal aid to advise her and has closed the family trust account and moved all monies to an account with her and the legal advisor both on signture card. she also is spending the trust monies with out the rest of our permisson and has told us ''This is not a democrac it a dictatorship'', and we will get what we get when its all done, and if anyone of us contests we are excluded from the will and receive only one dollar.

my question is , can she do this, not telling us what the total assists are, decide how to spend the monies with out our imput, move the funds into a private bank account? be a dictator to us and threaten to cut us from the will, because i am not contesting the will just the way she is handling it, it not the way of my fathers last requests, and the legal aid on the bank account? are we not allowed to have the information and accounting of our monies and a say on how and where its spent ? please advise.


Asked on 2/11/08, 7:29 am

3 Answers from Attorneys

Donald Field Donald L. Field, Jr., Attorney at Law

Re: liveing revolkable trust

you need to retain an attorney to advise you and file any needed petitions with the superior court.

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Answered on 2/13/08, 11:36 am
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: liveing revolkable trust

she must give you a copy of the trust. if she refuses to do so, file a petition to have her removed. doing so will not trigger the no-contest clause.

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Answered on 2/11/08, 9:43 am
Mitchell Roth MW Roth, Professional Law Corporation

Re: liveing revolkable trust

You have to file suit agaisnt your sister for an accounting. Hire a lawyer to assist or suffer the dictatorship.

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Answered on 2/11/08, 12:29 pm


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