Legal Question in Wills and Trusts in California

I am unsure what the situation is. A trustee is for a Trust, which is composed of real property in which the title has been transferred from the person to the trust itself. The Trust directs how matters are to be handled. Assets not in a Trust are handled by a Will.

Write or e-mail your sister and ask why she will not speak with you and not give you the money you are entitled to. Point out that legally she must tell you why she is not following the instructions in either or both documents and if she does not follow the instructions in the documents you will file to admit the documents in the county your mother was a resident of at the time of her death, asking that you be appointed trustee/administrator, requiring her to file an accounting, and requesting of the court that she be ordered to pay back any funds she did not have the legal right to distribute.

If a trustee is not fulfilling its obligations under a trust, including the items you mentioned, you can petition the Court to compel the trustee to do so. That will have to be done in California in the County where the trust is being administered. You should start by sending your Sister a clear letter stating what you want, why it is required under the trust and setting a time frame in which she has to respond and/or comply with your requets. If she fails to do so, you should consider getting the Court involved. .

IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.

This office may assist in contact with your sister and your legal remedies. Contact me directly.