QUESTION
What can I do if my brother is executor of the family trust and is not telling me anything and has taken some things from the estate?
Asked on Aug 20th, 2014 on Estate Planning - California
More details to this question:
My Mom passed in April and myself and a brother and sister are the beneficiaries of my parents estate. My Brother is executor. He (lives in MO) and my Sister are doing everything with the house to sell it but are not telling me anything or involving me which is not what my parents intended or wanted. So now there is animosity between myself and them and I have no idea what they are doing. My Brother took my Dads coin collection home and a large citrus label collection. Both of which he says he was going to get appraised but I have heard nothing. Also my Sister took our entire family photo collection of which I asked to be brought back so I could make my own copies and was told I just need to wait. I don't want to wait as I no longer trust them. What legal rights do I have to get these items back or find out their value and what’s being done with them? Only 6 weeks after Mom had passed they both came to the house (where I was currently living and had been for 2 1/2 years with my Mom) and took what they wanted and gave their kids what they wanted (I got some items as well but was too devastated and emotional to be involved in the process) but no list was made as to who took what or their values. They also had a garage sale with what was left and wouldn't tell me how much was made. They seem to feel the money is for whatever they deem necessary. They spent about $2000.00 giving money to their kids for traveling to the memorial and renting a trailer for my brother to take ALL of the things he wanted to Missouri. Obviously there’s a lot more to the story but I want to know my legal rights. Thank you.
6 ANSWERS
If possible, patch things up with them until matters can be settled, so that you will get information. The executor of the Will actually has very little power; they are supposed to take steps necessary to protect the assets but can sell anything. Once the Will is filed wit the Probate Court in the county in which your mother lived, you can ask to be appointed administrator. That person can order the return of all property to a safe place. All the items should have remained at your mother's house, but unfortunately you did give them permission to take some items. Payment so his children could come is illegal and he can not sell the coins collection [but how are you going to prove that he did sell some?] . Read some Nolo Press books on how to handle probate. You may have to ask the Court to reduce any money inheritance they got as to your share.
Answered on Aug 21st, 2014 at 8:32 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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You have a right to be kept reasonably informed, and also the right to periodic accountings. By the way, your brother might be executor of the estate or [successor] trustee of the trust, but executor of the trust does not exist. The rules for the two are different. Hire a lawyer.
Answered on Aug 21st, 2014 at 8:22 AM
Edwin K. Niles
You can file a petition to have bro removed as trustee, assuming that the place of residence of Mom is in California. You should have a conference with a probate/trust lawyer ASAP. Most lawyers give a free initial conference.
Answered on Aug 21st, 2014 at 8:13 AM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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I assume that the family trust is controlled by California law. As a beneficiary, you have a right to information about the trust, and to petition the court to compel the trustee to provide that information if the trustee does not provide it to you. The trustee must also prepare an accounting of the trust, which identifies the trust assets, liabilities, income, expenses, and distributions to beneficiaries. You really should consult with a lawyer as to the best way to obtain that information. Sometimes, all it takes is one letter from a lawyer to start the information flowing.
Answered on Aug 21st, 2014 at 8:06 AM
2 Awards
You have rights but you really, really need an attorney. Your brother is the executor and is the person who is ultimately accountable. I expect probate has been filed? You need to have an attorney write him a letter detailing what has happened and remind him of his fiduciary duties to ALL beneficiaries. You need to file a Request for Special Notice. You need an attorney.
Answered on Aug 20th, 2014 at 11:12 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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The short answer is to obtain the services of a probate litigation attorney to represent you as a beneficiary; this will procedure will begin to keep everyone honest. DoNotDelay, as time restrictions in these type of actions are short.
Answered on Aug 20th, 2014 at 11:12 AM