Legal Question in Wills and Trusts in California
trust trouble
my father passed away approximately 2 years ago-6 siblings
only heirs-no will=one sibling turned up with a trust dated the day after he went into a coma naming her the trustee and all others as beneficiaries-noone wanted to get into a legal hassle over this as long as estate was
distributed eqitably-been 2 yrs-no distribution-any number of discrepancies-all siblings want to end this nightmare-
have requested trust but received a few inconsequential pages in response-was told that life insurance was allowed to
lapse but found out that it had actually already been paid out for unknown amount was told that one piece of property sold for 100k less than it had after checking public records etc. we just want have the estat closed and get on with our lives{we other 5} 6 of us spread out over 5 states
coast to coast.need info before proceeding-known assets 570k + life ins of unknow value and 5 acres of unknown value-questions: is a copy of the trust obtainable without going thru the trustee? after a life ins policy is settledcan a copy be gained without the trustee? are POA's recorded and info accessible? what is a port trust?
how much time and expense can we expect if we have to compel the info? thank you
2 Answers from Attorneys
Re: trust trouble
You should demand an accounting and copies of relevant documents from the trustee. The trustee is probably the only person who has the documents. You may want to consider removal of the trustee.
The time and expense involved is difficult to estimate. It depends alot on how the trustee reacts.
If you would like a free initial consultation, please call me or e-mail me with contact information. I have over twenty-five years experience.
Good luck and thank you for your inquiry.
Re: trust trouble
you should retain an attorney and file a petition for probate of the estate/trust. time is of the essence. it is likely that assets have already been dissipated/hidden as years have passed since death.
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