Legal Question in Wills and Trusts in California
Both my parents have recently passed away. My mother and father drew up a Living Trust in 1995 naming me as the Executor and Trustee. My parents stipulated that I am to receive the Real Property (their house) in Norwalk and all the tangible personal property. My sisters were to each receive 1/2 of the insurance of the proceeds of the estate and � of the Real Property in Imperial County. Shortly after the Living Trust was created, my parents sold the Real Property in Imperial County. In January 2011, my mother cashed in the insurance listed in the Living Trust right after my father passed away.
My two sisters have ALWAYS created problems within the family. Currently, my two sisters have relentlessly harassed me, broke into my parents home while no one was there and stole my father�s pension check stubs, social security numbers, and other miscellaneous items, and have made death threats toward me. I am preparing to get a Restraining Order against each of my sisters. My concern is that they will try to legally seize the Real Property in Norwalk. I honestly do not think either of my sisters have the financial means to hire attorneys; nevertheless, is it possible for my sisters to take me to court to have anything changed in the Living Trust so they would be able to take what was left to me?
1 Answer from Attorneys
The terms of a trust control what is distributed upon the death of the trustors. If your parent's trust states that your sisters are to split the Imperial County property and the life insurance proceeds and they do not exist at the time of your parent's death then your sisters are entitled to nothing.
Your sisters commited a crime by breaking into your parent's house and stealing their belongings. You should make a police report. This will reinforce your application for a restraining order and the police will see that they do not enter the property again. Actually, since you say the house passes to you based on the terms of the trust, they are breaking into your house and they have no right to it.
Your sisters have no basis to take you to court regarding the trust. It was your parent's trust and there right to dispose of the assets during their life. Based on the facts stated in your question, your parents have spoke clearly about their gifts to you. Make the police report and get the restraining order.
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