Legal Question in Wills and Trusts in California
My Mom passed away in June of 2010. My brother is the Trustee. On the Trust it states that the Trustee shall divide the children's Trust into two equal shares, one share for each of the Grantor's two children Steve Richardson and Alex Richardson. Provided Alex Richardson is living at the Grantor's death and elects to receive the improved real property at [Address], the property shall be distributed to Alex Richardson as part of his distributive share. The property shall be valued at its net fair market value. In the event the net fair market value is greater than the share Steve Richardson receives, Alex Richardson shall pay such amount as required to equalize the difference in distributions between Steve Richardson and Alex Richardson not later than the tenth anniversary of the Grantor's death.
My question is: My Mom's attorney, which is currently my brother's attorney is the one who drafted, witnessed and signed the Trust agreement in June of 2010. After her death, my Mom's attorney is siding with my brother by going against the irrevocable Trust and is harassing and demanding that I am required to pay my brother half the share of the house now, or get a loan to pay my brother off, otherwise he will take me to court.
What are my rights?
Do you feel that my brother and lawyer are going against the Trust agreement?
2 Answers from Attorneys
you need to have a lawyer review all the relevant documents and correspondence
It does seem from what you say that it is not being handled properly, but an attorney would have to review all the documents to see what the exact situation is. It would be unusual for an attorney representing the trust to go against the terms of the Trust [of no economic benefit to him] so logically he must have some type of argument for his position, even if it is not correct.
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