Legal Question in Wills and Trusts in California
a trust was left by my father to all his children equally, there are eight of us he has been passed away for 3 years now. I need to file bankruptcy and my bankruptcy lawyer told me that the trustee of my bankruptcy will be able to go after my portion of my inheritance. But the trustee of the family trust
contacted a trust lawyer and he told him the bankruptcy trustee cannot go after my portion because I am a minority owner. Is that true??? Another choice I have is to have the others buy me out but they refuse to. The property has not been handled correctly by the trustee who is the oldest brother he has never provided us a financial report on the property which he should of as stipulated in the trust. The trust does say that upon my fathers death it is to be distributed but it doesn't say when the trustee has to do it. Can I petition the court to have them sell it and what are the chances the court will make them sell the property. Can the others keep hostage my inheritance.
1 Answer from Attorneys
You need to contract a probate lawyer to file an action to compel distribution. You also need to figure out if you really need to file BK given that you are going to inherit from your dad's estate.
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