QUESTION

How do I go about trust litigation?

Asked on Apr 10th, 2014 on Litigation - California
More details to this question:
I was just notified by my sister that she is the successor trustee to no contest, irrevocable trust in California. The trust says split 50/50. My sister who hates me gets everything all at once (approximately $800,000) maybe more. She has not given an accounting and I do not think she thinks she has to. I get $500.00 a month and when I die my husband does not even get this. It goes back to my sister. My sister and I have not spoken until my motherโ€™s death and my mother's cruel plan began. I realize these things I am going to mention are minor but, I need a way out from being under my sister for the rest of my life other than walking away. First my mother had a new car which my sister immediately gave to her son. Second there also was a burial plot that my sister took as her own (value $16,000) and charged me for funeral expenses. Will this count as a basis for going after my sister and to have her removed as the trustee for self dealing. The trust also says if my sister is not the trustee for some reason her husband becomes the trustee, if my sister gets removed. Can the court rule her husband cannot be the trustee either because they are doing these things together against me? Third my sister is mixing her private business accounts with the trust funds. Fourth when my father died 15 years ago a house owned by my father and mother was sold and I never got my share of the sale. This house was sold prior to the trust being made. The trust was written in 1999 and the house sold in 1998, my parents were divorced at the time and my mother wrote "widow" on the deed transfer. My mother also wrote in the trust that she was divorced and gave a date of divorce, but that date is different than the court's divorce date. Is wrong information on the trust a way to get it dissolved? I hate to walk away and let my sister have everything (which she basically does anyway) I would rather give everything to an attorney. I just do not want to contest this wrong and lose right away, I would like to drag this out forever.
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3 ANSWERS

Trusts Attorney serving Sacramento, CA at Law Office of Victor Waid
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Suggest you obtain the services of a trust/probate litigation lawyer, to advise you and represent you in obtaining your share of the trust estate. Do not accept anyone that does not have a history in trust litigation, and is recommended by his legal peers; also look for any certifications the lawyer has acquired.
Answered on Apr 11th, 2014 at 7:05 PM

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Probate Attorney serving Roseville, CA
Partner at James Law Group
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It sounds like the trust is what your mother wanted, and a contest would make you lose everything. Perhaps you can come to an agreement with your sister to not contest and maybe even take a little less for a lump sum distribution.
Answered on Apr 11th, 2014 at 6:01 PM

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From your question it sounds like you will need a lawyer to lead you through the process. You will have to file an action in court and then request orders. This will probably require a trial.
Answered on Apr 11th, 2014 at 6:00 PM

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