Legal Question in Wills and Trusts in California
My sisters attorney sent me a letter regarding the family trust that my sister has been handling. She request that we sign this form not even on attorneys letterhead, that we promise not to come after her for more money if we sign letter, for going an accounting of the trust. Once she receives sign letter she will close out the trust and send us each 18,000.00. I am entitled to 115,000.00 of the top of my head. The trust states that an accounting is to be done. That everything is to be divided 3 way,equally. basically. Do I just file a suit against her? Her and my brother have both taken money from the trust that they were not entitled to, and yet refuse to pay me what I am do .
1 Answer from Attorneys
The release may be invalid pursuant to Probate Code 16004.5. An attorney would need to look at the release before giving you an opinion on that subject.
Your remedy against the trustee would be a petition in the probate department of the appropriate court for an accounting, for a surcharge of the trustee, and possibly for the trustee's removal. This is not a pre-printed form. It is something that needs to be written out.
Before doing anything, you really need to consult with an attorney that handles contested estate matters. That attorney can give you an opinion on the validity of the release, and whether it makes sense to pursue a claim against the trustees. Many attorneys will provide a free consultation of at least 20 minutes. You can find counsel here on LawGuru, through your local bar association, or through an Internet search.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
