Legal Question in Wills and Trusts in California

Re: Probate

First, look to the trust and see if there is a provision for will contests. If so, she will be subject to those consequences.

Second, on what grounds is she suing? There are relatively few grounds that will allow a court to remove a trustee. But you should be aware, anyone can sue anyone for anything at any time...not much can be done excpt file a cross-complaint for the filing of an improper lawsuit.

Don't worry she has a tough burden of proof to show you violated the termas of the trust or improperly invaded the trust assets.

Sounds like she is older and demanding the power and authority that you currently hold...that's not going to fly in Court.

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Re: Probate

Has she already filed something in court? If so, you'll need to file an objection based on your being nominated already. The law gives priority to the persons nominated by the deceased in their wills/trusts, unless it can be proven the nominated person is unfit to serve.

You'll likely need an attorney, as this area of the law, combined with the litigation from your sister, would make this a somewhat complicated case.

Re: Probate

You need to constest her in Court. You can either do this yourself or you can hire an attorney with experience in trusts and estates litigation to represent you.

Give my office a call if you would like to discuss this matter further.

Re: Probate

If your sister has already filed her Petitions to be appointed Administrator of the Estate and Trustee of the Trust, then you will need to file objections and file your competing petitions. The fact that your parents nominated you in their Will and Trust will be strong evidence in your favor.

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