Legal Question in Wills and Trusts in California
My Mother had an Irrevocable Trust set up about 20 years ago. All properties were to go to me,with my sister having life rights to live at 1 property. And everything thing else (bank accounts, furniture, cars, etc.) was for my sister. My Mother had a stroke 2 years ago and my sister moved in to help her. My sister claims the Trust was stolen durning a break-in and that the company went defunct. She had my Mother make out a new Will and my sister was named as sole heir to everything. Is there anything I can do.
3 Answers from Attorneys
Obtain yourself a probate/trust litigation lawyer immediately to bring an action against your sister. DONOTDELAY. URGENT.
I agree that you need to speak to a lawyer ASAP.
There are several things you can do. If you mean "real property" when you say "properties," you need to check the deeds that are available at the county recorder where the property is located. They may still be in the trust name, which means there is still a trust even if you can't find the trust document. Second, check with the lawyer who prepared the trust -- he may have a copy. There is a small chance that the trust was recorded, but this is an uncommon practice.
You need to hire a lawyer who is experienced in the various aspects of elder law, including elder financial abuse and trust litigation. You may need to have yourself appointed conservator of your mother's estate. This is also something that cannot be delayed. The longer you wait, the more difficult it will become to track down what happened and reverse what your sister has improperly done. There are a number of us here on lawguru, or you can check with your local bar association for referrals. I strongly suggest you talk with several lawyers, to see which one you think you can best work with.
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