Legal Question in Wills and Trusts in California
I am the primary trustee of my mothers Living Trust. She has been diagnosed with Dementia. My brother, the contingent trustee, lives with her. My brother has the original copy of the trust and will not give it to me, and will not allow me to see my mothers finances (bank accounts, investment portfolio). Every time I mention it, it starts a heated argument and then I leave because it puts stress on my mother. I am afraid that since he has access to her bank accounts and is so vehemently opposed to showing these documents that he is slowly transferring everything to his name. He has already done this with her car that he drives to save wear and tear on his 2 year old truck that I'm sure my mother has paid for since he has been unemployed for almost 10 years. I have tried reading various law blogs and even delved into the CA Probate Code for a bit, but I am unsure of my legal footing.
Is there anything I can do short of calling the police to get him to release these documents to me? Should I contact a lawyer?
4 Answers from Attorneys
Yes you should contact an attorney. If your mother is not able to handle her own financial affairs, and you are the successor trustee (and, hopefully, have power of attorney), you should act immediately to secure her assets and make sure they are used only for her benefit.
It is unlikely that the police will be of assistance. The police are not able to make a determination as to who should have what documents, and whether your mother is capable of managing her affairs.
Yes, you should definitely contact an attorney. Along with claims as to the trust, there is the possibility of finacial elder abuse. You also should not wait. Many times a strong attorney letter will resolve the situation; if not, you will need to go to court.
Also call Adult Protective Services. Your brother is clearly hiding something.
You need to engage counsel to protect your mother and to assure you comply with your fiduciary duties if you are now the acting trustee.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
