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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 37076
Experience:  Texas lawyer for 30 years in Estate law
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Im a benificuary of my parents trust. my sister is sucessor

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im a benificuary of my parents trust. my sister is sucessor trustee, POA, etc. In his will he wanted to die in his own house. my sister and i have been feuding for years. i lived with my parents and took care of them for the last 20 or so years . Originally i was named sucessor trustee, my sister wiith some trechery shananigens tricked my parents and she became trustee.(i can explain in detail if necessary) My dad had his will and trust put away in his strong box in his closet when he discovered it was gone my sister and brother told him he would need an attorney to get it backwant to me it was obvious my siblings didnt want me seeing what was in it. as sucessor trustee she isnt supposed to do anything without it benifiting the benificuarys. she has never ask me told me about anything as far as my dads well being. i amd the only sibling that stood up tho the plate and sacrificed this last march she settled his trust it was to be divided 5 ways equally. When she wrote me a check for my share she was also supposed to give me an accounting for for dads trust. that didnt happen. makes me think there is more shenanigans going on. She gave me alot less,(like 10k less) than my siblings. i know she is required by law to give me an accounting .
My question is how do i go about obtaining this accounting, and after i get a copy of the ststement what can i do as far as her not following my dads will. what can i do because i know she has lied to me and with held information from me even used my dads money to evict me , which didnt work. I know that since my parents are gone its to late to change things my dad deserved to be able to die in his own house. she moved him and never explained to him what was going on. my siblings came and told me they were taking him to lunch and then they never brought him back. every time i saw him he would ask me when are we going home, and why did they sale my house. there is so much more that has happened she was trying to keep things hidden from me i know from what i have on trust and guide lines that there is enough that she has done to be considered breach of trust. for starters and i want her to be accountable for her actions she did not follow my parents wishes she did what she wanted and most of what she did was centered toward me. she wanted me out of the picture and out of his will. I have been emotionally and mentally disturbed, ive been threatened by my siblings because i was with my dad when he died and he was angry, mad, he died and angry death. my siblings need to be accountable for there actions and they need to get right.
please let me know what i can do which probaqlly isnt much but wheather it be criminal case and if not criminal then civil. i want what is due to me.
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you tonight.

California law allows for you to seek removal of the trustee here and have a neutral party appointed.You can seek a full accounting and sue here for any lost assets.You have rights here, you need your own lawyer to file sin Superior Court where trust was set up to seek these changes,

15642. (a) A trustee may be removed in accordance with the trust instrument, by the court on its own motion, or on petition of a settlor, co trustee, or beneficiary under Section 17200. (b) The grounds for removal of a trustee by the court include the following: (1) Where the trustee has committed a breach of the trust. (2) Where the trustee is insolvent or otherwise unfit to administer the trust. (3) Where hostility or lack of cooperation among co trustees impairs the administration of the trust. (4) Where the trustee fails or declines to act. (5) Where the trustee's compensation is excessive under the circumstances. (6) Where the sole trustee is a person described in subdivision(a) of Section 21350 or subdivision (a) of Section 21380, whether or not the person is the transferee of a donative transfer by the transferor, unless, based upon any evidence of the intent of the settlor and all other facts and circumstances, which shall be made known to the court, the court finds that it is consistent with the settlor's intent that the trustee continue to serve and that this intent was not the product of fraud or undue influence. Any waiver by the settlor of this provision is against public policy and shall be void. This paragraph shall not apply to instruments that became irrevocable on or before January 1, 1994. This paragraph shall not apply if any of the following conditions are met: (A) The settlor is related by blood or marriage to, or is a cohabitant with, any one or more of the trustees, the person who drafted or transcribed the instrument, or the person who caused the instrument to be transcribed.

You can locate a trust lawyer here.

http://www.calbar.ca.gov/Public/LawyerReferralServicesLRS.aspx

I hope you will pursue removal and an accounting and lost funds.

I appreciate the chance to hep you tonight.Please let me know if you have more follow up.Thanks again.

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