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Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 7081
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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MY BROTHER PAID MY SISTER $100,000 OUT OF OUR FAMILY TRUST

Customer Question

MY BROTHER PAID MY SISTER $100,000 OUT OF OUR FAMILY TRUST SHE PROMISED TO PAY IT BACK WITH THE SALE OF HER $900,000 HOME. SHE DID NOT .MY BROTHER AND BOF A ARE CO TRUSTEES.I DISCOVERED THIS AND REPORTED IT TO THE BANK.. THEY FIRED US. I WANT OUT OF THE TRUST CAN I ASK FOR $75000 TO GO AWAY ,,THE TRUST IS WORTH 475,000 AND INCOME IS SPLIT 3 WAYS BETWEEN MY BROTHER ,SISTER AND ME.. OUR CHILDREN ARE THE PRINCIPAL BENEFICIALAIRES....MY BROTHER IS WORTH 20 MILLION
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 today.

You can modify or terminate the trust either with agreement of the other beneficiaries or with court approval.California law provides for this again either by agreement or through motion filed with the Superior Court where the trust is located.

See if they will agree here to resolve the trust and your share otherwise you will need a lawyer to make application to the probate court to do so.

California law that allows for this..

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=15001-16000&file=15400-15414

Trust lawyer in case you have to file in probate court..

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

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

Expert:  RayAnswers replied 1 year ago.

Since you are out of country I am going to opt out here and leave for an Argentina lawyer.Please do not rate or respond.Another expert will pick this up.Thanks for your patience.

Expert:  Irwin Law replied 1 year ago.
Hello. Another expert here. Please clarify where you live and where your brother lives and in what state the trust is being administered. Thanks, ***** ***** try to assist.

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