California Trusts Legal Questions

Hello.  You have a few avenues of relief.  Perhaps a stern-worded letter may serve to move the trustee/executor forward, but if that does not work, you could petition the court for an accounting (if none has been prepared by now) and you may also petition the court to  remove the existing administrator from his/her duties and appoint yourself to take over.  The administrator has a very high fiduciary duty to keep you informed and to properly invest all assets.  Forcing the admin to account is often a good first step.... Read More

You would first have to petition the court for authority to administer your son's estate.  Then take that authority to pursue the assets that rightfully belonged to him.  If your son has a trust or will, it should be probated and suit filed against his father for an accounting, etc.... Read More

Most people do not leave their grandchildren anything. They leave their assets to their kids and hope that their kids will leave anything that's left to their own children (the decedent's grandchildren) when they die. And, frankly, most people don't leave anything to kids OR grandkids who are in prison, because they're afraid their hard-earned savings will just go to the state Victim's Compensation Board. You've asked, and received an answer. You could demand a copy of your grandmother's trust. But your mother has the right to respond to what she might see as an entitled attitude by cutting you out of her own will or trust.... Read More

The Special Needs Trust typically will have provisions setting forth the conditions and procedure for removing a trustee, and those terms will determine the answer to your question in regards to your stepson.  Typically, in California, a special needs trust beneficiary will need to more than merely state that a trustee should be removed.  The beneficiary may need to provide evidence to support his removal request.  Generally, a trustee can be removed for failing to perform a duty, mismanaging assets or no longer being able to carry out his/her trustee responsibilities.  ... Read More

Hello.  Many Probate lawyers do not litigate.  Litigation in Probate is basically the same as civil trial work, which I do.  I have fought many battles involving trustees, successor trustees, etc.  I will need more details from you if you want a deeper answer.  What type of trust is it?  Are you one of 3 successor trustees?  Are they accusing you of any negligent or intentional acts?... Read More

Hello.  It sounds like you are a beneficiary but not the co-trustee as well, correct?  You can petition the court for an accounting and request the court to remove him as trustee.  You may be able to replace the trustee yourself; it depends on a few factors.  But it all starts with an accounting to see what you have/no longer have and see if the trustee (s) is/are doing their job.   If the trustee has been violating the trust than you could get your attorney fees paid by him when you force him out.  It depends how bad he was and how the trust reads before I can tell you if he would lose inheritance.   ... Read More

No need for a trust or will at this time.  Just put family members as names on the account for TOD (Transfer on Death).  Should be able to name them as beneficiaries on the 401k.  A trust though would be more appropriate if beneficiaries are under 18, or there is some other reason the family members should be treated differently.... Read More

Your question is not clear. If your mother is still alive, you have no rights to see any of her documents. If your mother is deceased, the trustee of the trust is obligated to send out a court-mandated mailing to all trust beneficiaries and all "heirs-at-law". You would at least be in the category of an "heir-at-law" (a person who would inherit if the decedent hadn't made a will or trust).  ... Read More

No, there is nothing automatic about the surviving spouse receiving all property. If you and your wife held the property as joint tenants, or as community property with right of survivorship, you can just file a couple of forms with the county to prove she is deceased and you're the surviving owner. I recommend you hire an attorney for this. They can generally complete everything required in a couple of hours, so it shouldn't be too expensive. However, if you held the property as community property (without the words "with right of survivorship" on the deed), if you owned the property as tenants-in-common, or especially if the house was solely in your late wife's name, you will have to go to court to resolve the property ownership. Depending on the circumstances, an attorney may be able to file a Spousal Property Petition, or may have to do a full probate.... Read More