Legal Question in Wills and Trusts in California
Promisory Note and trust
My sister is the trustee to the family trust because my mom is mentally incompetent. She said my mom requested me to sign a promissory note for $2000. My deceased dad's ledger indicated that I owed him the money, but I had pointed out to him that I had repaid the loan in full and it was his recording error. He stated he would correct it, but didn't. I even have a witness. I refuse to sign a promissory note. I also had my mom sign a statement that she forgives any debt. The trustee has threated to deduct the amount from my inheritance and that my mom requested it, although she has Alzheimer's and is incompetent. Can the trustee deduct the money from my inheritance? Also, although I am a beneficiary, the trustee stated that if I call the trust's attorney with any more questions, she will charge me the attorney's fee. Can she do that?What are my rights considering the trustee is dishonest and manipulating my mother?
2 Answers from Attorneys
Re: Promisory Note and trust
The trustee can deduct an amount owed to the trust from funds to be distributed to beneficiaries - but that would only be appropriate after your mom's death. It is too early to worry about that.
You may have valid defenses regarding the debt - e.g., that you have repaid it, that you never owed it, that it was forgiven, or that the statute of limitations has run out for collecting it.
You should not try to contact the trustee's attorney. That attorney does not represent you, that attorney represents the trustee.
Your sister cannot make you pay the attorney's fee, but by continuing to contact the attorney you're adding stress and frustration to the process.
If you feel that your rights are not being respected, you may want to hire your own attorney to represent you and your interests. The trustee's attorney cannot represent you, because you have a conflict of interest with the existing trustee.
Re: Promisory Note and trust
In order to best address the issues presented in your inquiry, our office would be happy to provide you with a free 30 minute telephone consultation. Please feel free to contact our office, toll free, at 1.877.MOHEBAN. Ask for Vandy Moheban, Esq. www.lmapc.com
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