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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 36981
Experience:  30 years in civil, probate, real estate, elder law
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My biological sister and stepsister were executors of my

Customer Question

My biological sister and stepsister were executors of my parent estate/trust. Unfortunately neat her and stepmother pasted 3 months apart. I had been asking for copie of the trust and also financial records since that time. I finally demanded the records and
got them 3 years after distribution was complete. After examining over and over there are quite large descrepincies in financial reord keeping. It effects me personally more than anyone else. What can be done if anything at all? My sister and I have not talked in a year. (Going crazy)
Submitted: 6 months ago.
Category: Legal
Expert:  Ray replied 6 months ago.

Welcome to JA. Ray here to help you today.

You would need to motion the Superior Court about the accounting and call them as witnesses.You may motion to have them both removed and yourself appointed.This would allow you to do more discovery here and sue her individually if there was misspending or loss of funds.These are fiduciary duties and there was likely a breach of those.

California here has a Trust Code as well as a Probate Code and you have remedies here with a lawyer here to go after the living and the estates of the deceased if you identify where the losses were here.

You have been through so much you have to decide if you want to lawyer up and seek compensation for your losses and the wrongdoing here.It would still be possible but you need to do this soon.

I appreciate the chance to help you today.Thanks again.

Expert:  Ray replied 6 months ago.

Lawyer referral if you want to pursue this in Superior Probate Court.

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

Expert:  Ray replied 6 months ago.

Reference to legal options against executor/trustee

http://www.californiatrustestateandprobatelitigation.com/category/03-trustees-beneficiaries/02-trustee-breach-of-trust/

Thanks again and the best here.

Expert:  Ray replied 6 months ago.

More law for reference

Fraud, mismanagement of breach of fiduciary duty

Trustees and personal representatives have fiduciary duties which include acting with the highest integrity, fully disclosing information to the beneficiaries, completing reporting duties appropriately, dealing with all beneficiaries equally and fairly, and putting beneficiaries' interests above their own. Breach of fiduciary duty may involve:

  • Failure to disclose assets: Intentionally hiding assets, failing to document assets on inventory or annual accounting, or making disbursements to yourself before disclosing the assets to beneficiaries
  • Failure to properly complete accounting, which includes the starting figures (inventory and appraisals), costs and balances, and final account of how assets were disbursed
  • Failure to act in the best interest of beneficiaries: Failure to carefully evaluate debts to ensure their validity before disbursing payment, failing to obtain full fair market value for property sold, using poor business judgment or having a conflict of interest
  • Failure to properly distribute assets: Stealing assets ( fraud), failing to distribute according to the terms of the trust or will or the intestate succession laws, failing to obtain proof that assets were actually distributed
Customer: replied 6 months ago.
My step sister and my sister live about twelve hrs away from each other. So my stepsister really did nothing at all. My stepbrother was living with my parents so he could help watch over them. Well he died 7months after my dad so then my stepsister and her husband and her daughter and boyfriend came down for the funerals. I couldn't believe that they all paid them selfs for coming even the boyfriend got paid. Come to find out my stepbrother while he was alive was robbing my parents blind because my father was paralyzed from stroke and mother was bedridden so they ha no clue what was going on. I went there everyday to bath dad and cook them dinner and such.but I had no control over the finances. Then to top it off my daughter died about 7 or 8 months after my theive of a brother. So I am finally getting my head back into business and finding all this out. HELP. Peggy
Expert:  Ray replied 6 months ago.

Peggy I would consider a local lawyer where probate/trust was and file motion for more accounting and financial documents with an idea to sue here.That may still be possible once you identify what they stole or let go missing.The sister here is personally liable as is the step sister if they were both fiduciaries and you sue them both personally if you want a recovery here.

Thanks and I hope you will use the lawyer referral and pursue this matter.You deserve some justice here no doubt.

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