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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 38259
Experience:  Texas lawyer for 30 years in Estate law
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My mother had a California family revocable trust. The three

Customer Question

My mother had a California family revocable trust. The three surviving sisters are Successor Trustees. The Trust states that any party can act independently and majority vote applies.
In the trust she conveyed title of her real estate to her two eldest daughters. I don't know if my mother and sisters were jointly listed on the deed of trust, but, since it's listed in the trust my assumption is no.
I was estranged from my mother and sisters so I have no knowledge of what assets or debts my mother had. My two sisters have retained my mother's attorney to "assist" with the administration of the trust. Nothing was specially conveyed to me, other than 1/3 of what's left over after paying debts.
My question is twofold. Is the property considered to be an asset to be applied to any debt? And, what is my personal obligation to pay any debts...especially the attorney fees for administration...in excess of the net assets?
Submitted: 10 months ago.
Category: Estate Law
Expert:  RayAnswers replied 10 months ago.

Hi and welcome to JA. Ray here to help you tonight.

Your first step is to make appointment with lawyer and demand a copy of the trust and a list of all assets of the trust.You want account numbers here as well.You would want to order old copy of her tax return from last year to verify what income she had and where it was all located.

These are your first steps to protect you rights.You may at some point consider your own lawyer if this one will not communicate with you in all of this.

Expert:  RayAnswers replied 10 months ago.

16060.7. On the request of a beneficiary, the trustee shall providethe terms of the trust to the beneficiary unless the trustee is notrequired to provide the terms of the trust to the beneficiary inaccordance with Section 16069.16061. Except as provided in Section 16069, on reasonable requestby a beneficiary, the trustee shall report to the beneficiary byproviding requested information to the beneficiary relating to theadministration of the trust relevant to the beneficiary's interest.16061.5. (a) A trustee shall provide a true and complete copy ofthe terms of the irrevocable trust, or irrevocable portion of thetrust, to each of the following: (1) Any beneficiary of the trust who requests it, and to any heirof a deceased settlor who requests it, when a revocable trust or anyportion of a revocable trust becomes irrevocable because of the deathof one or more of the settlors of the trust, when a power ofappointment is effective or lapses upon the death of a settlor underthe circumstances described in paragraph (3) of subdivision (a) ofSection 16061.7, or because, by the express terms of the trust, thetrust becomes irrevocable within one year of the death of a settlorbecause of a contingency related to the death of one or more of thesettlors of the trust. (2) Any beneficiary of the trust who requests it, whenever thereis a change of trustee of an irrevocable trust. (3) If the trust is a charitable trust subject to the supervisionof the Attorney General, to the Attorney General, if requested, whena revocable trust or any portion of a revocable trust becomesirrevocable because of the death of one or more of the settlors ofthe trust, when a power of appointment is effective or lapses uponthe death of a settlor under the circumstances described in paragraph(3) of subdivision (a) of Section 16061.7, or because, by theexpress terms of the trust, the trust becomes irrevocable within oneyear of the death of a settlor because of a contingency related tothe death of one or more of the settlors of the trust, and wheneverthere is a change of trustee of an irrevocable trust. (b) The trustee shall, for purposes of this section, rely upon anyfinal judicial determination of heirship. However, the trustee shallhave discretion to make a good faith determination by any reasonablemeans of the heirs of a deceased settlor in the absence of a finaljudicial determination of heirship known to the trustee.

Expert:  RayAnswers replied 10 months ago.

I appreciate the chance to help you tonight.Thanks again and the best here.

Order her last years return here.

https://www.irs.gov/uac/Newsroom/Request-a-Transcript-or-Copy-of-a-Prior-Year-Tax-Return

You will need to show them a copy of the trust where you are a trustee.

Expert:  RayAnswers replied 10 months ago.

If you can positive rate when we are done it is always much appreciated.

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