Legal Question in Wills and Trusts in California

My recently deceased Father (2012) assigned my little sister as the trustee/executor of his California Trust. He's been deceased for 20 months and his other surviving children have heard nothing on her executing of his trust; other than the fact that she's claiming $90,000 of his assets on a portion of his trust between her and Him. He had 3 surviving children (lil sis, Big sis and myself, older brother) or 5 children total and according to the trust he left equal portions of his estate to all of us. However lil sister is dipping her fingers into his assets and refuses to allow myself, or her older sister from even viewing his trust. She claims she has lost his trust paperwork. In addition, she's claiming he left a portion of his assets to his grandchildren, but refuses to speak even to them regarding their deceased mother's portion of the trust.

From what older sister tells me, lil sis has been hitting the bottle quite regularly over these 20 months, and in her constantly drunken state can't perform as trustee. Since she is a hesitant trustee, how can two siblings who don't live in her area get a court order to compel her to act?.

So, what can we do to force her to reveal aspects of it for us? Neither I, nor my older sister are local to my little sister's (and Father's previous) residence. I am living out of state and my older sister, while in state is several hundred miles away.

According to his trust both big sis and myself are mentioned (in the trust) as being able to perform as replacement trustee if necessary.

Appreciate your assistance.


Asked on 4/21/14, 4:34 pm

2 Answers from Attorneys
Scott Jordan Jordan Law Office

You or your sister should hire an probate/trust attorney. At the very least, as beneficiaries of the trust, you are entitled to a copy of the trust and an accounting of the assets. At most, you can ask the court to remove the current trustee and appoint a successor. In any event, one of you should contact a local attorney before the trustee spends and wastes everything remaining.

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Answered on 4/21/14, 4:52 pm
Victor Waid Law Office of Victor Waid

Scott Jordan is correct. Further advise probate attorney is experienced in litigation and be prepared to litigate the matter. Good luck.

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Answered on 4/21/14, 6:21 pm


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