Legal Question in Wills and Trusts in California

A week before my father passed, he had his financial advisor meet with my brother, Trustee, 50% Beneficiary and myself, Successor Trustee, 50% Beneficiary. My father's. Wishes were for me to remain in the family home and continue to live there. (I was my father's live in caregiver for the last 5 yrs of his life). The advisor stated $150,000 was my inheritance portion of my Dad's accounts, $75,000 would go to my brother to buy out his half of the family home valued at ($150,000). I have letters, account documents splitting up the accounts, etc. But after a year of waiting for my distributive share, I was told The financial advisor made a mistake, and I wasnt a beneficiary. I had to take out a preditory home loan to stop my brother from evicting me. I took a loss of over $250,000 buying out my brother's half of house. I didnt recieve compensation for taking care of my Dad's pets as agreed to. I had to sell the house after owning it for 2 months. I did receive an accounting, whuch I objected to, and never heard from him again. Do I have a right to be compensated for my losses. He got over $600,000 probably more, and I got $15,000. Thank you


Asked on 2/08/15, 1:23 pm

1 Answer from Attorneys
Len Tillem Tillem McNichol & Brown

You should consult with a trusts and estates attorney, who does trusts and estates litigation to review the matter and determine whether or not there is a case and whether or not you still have time to file a case. For example, with the proper notices, you could have as little as 180 days to file a court petition objecting to the trust accounting that you were provided.

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Answered on 2/11/15, 10:17 am


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