Legal Question in Wills and Trusts in California

Trust

Hi, my father passed away and his second wife is still living, she has Alzheimer�s. They had a Revocable Trust (CA Probate Code SS18100.5). She is in some control and is signing doc�s and liquidating the estate. She is doing as told by the First Trustee her oldest son but she does not understand most or any of what she is doing. Because it is a Revocable Trust I am under the impression that I have no options but to wait and see after she passes away what�s left. The First Trustee has lied to us about assets and heirlooms. Do we have any options to insure that things are fair or any way of obtaining assets prior to being liquidated? We have tried to purchase but are unable to. There are 2 surviving 1-deceased on her side and 3 surviving on our side. There is no Will only the Trust. I am listed as Second Trustee.

Thanks

Mark


Asked on 12/26/07, 7:45 pm

1 Answer from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Trust

Sure. You can sue to establish the incompetence of the woman and sue the son for an accounting and for breach of trust. He is responsible to all beneficiaries to carry out the terms and purpose of the trust document. If it was a revocable trust, there is probably an irrevocable portion established after the death of your father.

If you don't protet you rights no one else will.

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Answered on 12/27/07, 12:47 pm


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