Legal Question in Wills and Trusts in California

I am in the process of petitioning the court to redress breach of trust by trustee. My sister...she never informed me about the trusts or that we were co-beneficiaries to 3 ca coastal homes. The trust was to be irrevocable after her death. Prior to that my sister forged both mine and grandmas signature with quitclaim deeds realeasing both our intersts in all three properties and I only found out this accidentally 2 years ago and so it happened over ten years ago no lawyer would take my case so I am pro per. I have been to court twice and she has been a no show. I figured as much because she is guilty of title fraud, elder abuse and self dealing forgery and much more. The judge has given her two chances to respond and she has not. If she does not appear this third time will I win by default? I am doing this myself and I know the paper trail is going to prove my allegations but just the loss of appreciation value alone is over 1 million. What can i expect. She has done well with her unjust enrichment and has several properties and is a private lender, mortgage broker and RE broker and has not admitted to anything nor given me a dime.


Asked on 4/11/16, 5:47 pm

1 Answer from Attorneys
Charles Perry Law Offices of Charles R. Perry

The judge has descretion as to what to do. Eventually, however, the judge will issue a default.

A couple of things are critical to your success. First is the relief you requested in your petition. The judge cannot grant you anything beyond that request. So, if your petition is simply to have you named as trustee, then you will become trustee -- and then have to bring a second case against your sister for her wrongdoing.

If you did not give your sister proper notice of the later hearings, the Court will likely not grant the default.

In short, there are ways you might not get what you want, despite your sister not showing up.

You would be smart to at least retain an attorney on a limited representation basis to review your file and help you prepare for the hearing. There are any number of lawyers who do this, including many of us here on LawGuru, and they will charge less than if they were completely taking on your case.

Read more
Answered on 4/12/16, 5:34 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California