Legal Question in Wills and Trusts in California
Trustee not acting fair
My mom passed away 1 year ago. Her estate is left to be split between my sister who is trustee and myself. The estate has two properties her home that I am going to keep and a rental property my sister is going to keep and a car worth approx 35k. The house I am going to keep is worth more but has a loan and I have never seen the appraisal done on it after my mom passed away. My sister claims that I will need to come up with 70k to make up the difference b/w the house and the rental property she is going to keep. The total estate is over the 1.5 million exemption and she has talked about talked about removing a car from the estate by backdating and forging the paperwork required by the DMV to complete the transfer. Originally she said she might do this in order to reduce the taxable amount of the estate. However now she is driving the car and planning on keeping it. I am worried she will succeed at transferring the title and not include that as part of the payment to make up the difference on the 70k that she says I will owe her. If she does this what recourse do I have as a beneficiary. I do not have any paperwork to back up my case other than the fact that the transfer will not have happened until 1 year later.
2 Answers from Attorneys
Re: Trustee not acting fair
By virtue of her role as trustee, your sister owes you certain legal duties (because you are a beneficiary.) She must correctly carry out the administration of the trust by its terms. It sounds like she is clearly not doing this, and also is planning on acting illegally.
Have you even seen the trust yet?
You should consult with an attorney who specializes in this area as soon as possible to protect your interests as a beneficiary. Feel free to call my office for further consultation.
Re: Trustee not acting fair
Please get representation and set things right. She can be removed for her actions. Call me directly at 16192223504.
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