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Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 102505
Experience:  Fully licensed attorney in Texas in private practice.
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My 79 year old disabled friend is not getting her mothers

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My 79 year old disabled friend is not getting her mothers share of an inheritance due her. Her brother in Michigan has instructions, as the executor, to pay her bills under "a special needs trust." She needs more in-home care but her brother refuses to pay for more. Previously an attorney had told her she has a case. What would be her remedy? We are in California
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your friend's situation. Can you please tell me if:

1) The probate matter (i.e. settling of the estate) is still ongoing; or
2) This is a "trust" created out of the will, of which the brother is the Trustee of?
Customer: replied 4 years ago.

There is no probate. My friend doesn't know if this was created out of the will.

Thank you, Paula.

I am going to assume that there is a trust created out of a will, because this is what it sounds like. A trust is quasi-entity that controls assets and has a Trustee (an individual in control of the trust) distribute it to the beneficiary (i.e. your friend) per the trust's guidelines.

A trustee has an obligation to the trust and the beneficiary to follow the trust's demands and distribute the money as needed. For an overview of this, please see here.

If the Trustee is not following the duties given to him by the trust, the beneficiary can seek relief via Court by filing in court to demand that the trustee release the funds necessary as the trust instrument (document) intended and/or have the trustee step down and another appointed, if the trustee proves himself incapable/unwilling/untrustworthy to head up this position.

To do this, she would need to file a pleading in Probate Court, and have a hearing. An attorney is highly recommended. May I recommend the CA Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

I hope this helps and clarifies. Good luck.

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