Legal Question in Wills and Trusts in California
\nOur mom passed away over 2 yrs ago and left a house in a trust (paid off) in OCEANSIDE, CA (San Diego county) to be split up between 4 beneficiaries. The successor trustee is in violation of her fiduciary duty for: (1) never providing us with a copy of the trust; (2) claiming she doesn\'t have to share because she is the executor, (3) not providing accounting to us, (4) borrowing loan against the house for personal use ($50,000), (5) is a convicted felon and went to jail twice before being appointed as trustee and (6) currently selling the house in trust under the market value for quick sale without informing the beneficiaries of accounting. \nOur findings also show that when she took out a loan on the house a year ago, it had a Revocable Trust Rider and stated her, the trustee, as the settlor. The trust is irrevocable, because the settlor passed away. It is a default in the document and we need to put a notice of default on the house so it cannot sell and she cannot run off. \nWe want to know what forms we need to file to: request the accounting on the trust assets and what we need to prove to court so she can be removed as trustee and I (the next trustee) would be appointed. She has violated her fiduciary duty on all accounts according to Probate code. We would like to know what steps we need to take now to get the process started. Will the clerk at San Diego county office tell me which papers to file? \nWe are currently looking for a consious attorney to help us with our case in San Diego county, where we could make payments and bulk of fees would be paid at the sale of the house. \n\nThank you for your help!
1 Answer from Attorneys
You need to petition to have her removed immediately before she wasites the trust assets. Contact me directly.
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