Legal Question in Wills and Trusts in California
Co trustee changed?
My father Family trust named me and my sister co trustee's. He just died she claims I was replace by her daughter in an addendum facilitated by her daughter just before my father died. My father provided both of us with copies of the trust and spoke of it often but never mentioned this change and she has not provided me with and documents but she is writing checks to her benefit. We are equal and sole beneficiaries. I suspect fraud. The Trust is 7 or 8 million + with $900,000 liquid cash. Our children inherit upon our death. If I was replaced as co trustee should I have been notified by attorney before my fathers death?
3 Answers from Attorneys
Re: Co trustee changed?
I am very sorry to hear of your father's passing and hope you are coping well. Sadly, money is what causes so many family problems after the passing of a parent, so I hope I can assist you.
The facts as you describe them smell of elder abuse. The changing of a testamentary document right before someone's passing is generally presumed to be elder abuse.
I highly recommend you speak to an attorney who specializes in Estate Planning and Probate and provide them with more detailed facts. Even though there is a trust, you may need to utilize the Probate Court to enforce the provisions of the trust as well as to file for elder abuse based on the untimely changes.
I would also demand a copy of the amendment as well as a full accounting of any and all monies that have been disbursed.
Our firm does specialize in this area, but we may be a little far South for you.
If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com
IMPORTANT:
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Re: Co trustee changed?
No, but you are entitled to official written notification of the change of trustees following your father's death, and of a copy of the terms of the trust, including the amendment. If she doesn't give these to you, request in writing, and then, get an attorney. She should not be making any preliminary distributions just to herself (how do you know she is doing this?)
Re: Co trustee changed?
you should request in writing a copy of the purported amendment and an accounting. if the purported amendment is not received in a short time (e.g., 10 days), you should retain a qualified attorney to file a petition with the probate department of the superior court. please contact my office if you need representation.
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