Legal Question in Wills and Trusts in California

Trust disputes

We have a trust my sister is the executor, I am the second executor. my other two siblings are not happy with the speed of execution and the distribution of the properties, which we would like to keep and purchase from them at fair market value, they on the other hand would like top dollar. We are entering in the second year and the executor, is about to finish by the end of the month yet they are threating to petition the courts to sell the properties. Do they not have to file to prove she has not done her fiduciary responsibilities and then the second trustee would replace her and her duties or can the court just dissolve the trust and divide it up.


Asked on 8/10/07, 9:37 pm

2 Answers from Attorneys

Scott Linden Scott H. Linden, Esq.

Re: Trust disputes

Your question requires too complex an answer fo rhere on a public forum such as this. Please call our office to arrange an appointment with Attorney Anthony Grossman.

Please also feel free to learn a little more about Probate on our firm's site at No-Probate.com. We can be reached through the site for a free consultation or through the address/phone provided here on LawGuru.

Scott

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Answered on 8/13/07, 5:59 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Trust disputes

Sorry, you questions makes not legal sense. A trust does not have an executor. An executor or a trustee are fiduciaries and have a duty to protect the interests of all beneficiaries. You should consult an attorney that has read the trust, or the will or whatever is involved, to advise you.

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Answered on 8/13/07, 1:34 am


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