Legal Question in Wills and Trusts in California

trustee responsiblity

My question is my cousin is the trustee to my grandparents estate. we sold the home in question in san francisco for $310,000 and there are 6 family members involved with disbursements. It was set up that the selling of the home would be given evenally to each heirs ( there were 5 children total 1 died w/o heir and my mom died w/3 heirs) my cousin has not been truthful with us and sold all furnishing inthe home and taken funds what can I do to prove fraud and is'nt it true that all heirs are to get accounting for all monies and transaction of the estate before disbursement of any funds? Thank you for your help and If you would like more info I will be more than happy to assist.


Asked on 12/22/00, 5:04 pm

2 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: trustee responsiblity

You can file a petition with the court asking that she be removed as trustee and you can also seek damages and asked the court to order to repay any money taken from the trust.

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Answered on 12/27/00, 2:29 pm
John Hayes The John Hayes Law Offices

Re: trustee responsiblity

You may want to seek legal counsel to represent you in this matter. If your cousin is mishandling estate money than she is no longer a competent executor. You may want to file a petition to remove her as executor and file for an order of judgment against her for the funds she has already taken. If she is mishandling the money she may be failing to file for probate or failing to pay taxes on the inheritance and sale of the home. If you aren't careful you and the other family recipients may be held liable for the unpaid taxes. I strongly urge you to seek legal counsel immediately to protect you and your family. Most attorney's offer a free consultation and should be able to tell you if they can help. You can contact your local county bar association for a referral to a local probate attorney who won't rip you off.

Good luck.

John Hayes, Esq.

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Answered on 12/31/00, 3:18 am


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