Legal Question in Wills and Trusts in California
My parents are now both incapacitated, one of my sisters petitioned the California probate court to become their conservator, she was granted that. Had she not became conservator their estate would not of gone to probate since my parents had a living trust. There is a 32 unit apartment complex and a 5 bedroom home both mortgage free in the trust. My sister hired a property management company for the 32 unit. I would get monthly accounting since I'm a co-trustee, from that accounting I noticed about $150,000.00 embezzled. The probate judge put a GAL to represent my parents estate and left my sister as conservator of both person and estate. Shortly after the GAL managed to have me and my youngest sister's (not the conservator) powers as co-trustee suspended. The GAL then said that since our powers are suspended we don't have standing to get monthly accounting. I filed a complaint with the DRE re: the money embezzled by the prop management co. they said that he has a broker's license as required but since his management co. is in the form of an LLC they can't do anything cause they don't govern LLC. So I said that they should close down his business since he's not following the requirements to have a property management co., the DRE has done nothing I'm certain he's still stealing but I no longer get detailed accounting since the probate judge suspended my co-trustee powers, and the DRE lets him stay in business. I have no money for an attorney since my evil sister fired me once she became conservator. I used to work for my parents for twenty five years. Who governs the DRE? I am wondering if the DRE gave me a bogus excuse and really contacted my evil sister that's conservator and she said I'm just a disgruntled ex-employee and they believe her.What can I do before these probate sharks on a feeding frenzy devour the entire estate?
1 Answer from Attorneys
It is not possible to give you specific advice as to what you should do in a public forum like this. Your description of the situation is also unclear, in terms of whether there is still a living trust and why there is a guardian at litem.
It may be that you can obtain certain financial information about your parents through the conservatorship proceeding. Conservators are required to prepare accountings that are reviewed by the Court. Your parents may be able to provide support to you by way of declaration, depending on the level of their incapacitation.
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