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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 118182
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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Hello, I am the trustee of my deceased parents irrevocable

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Hello, I am the trustee of my deceased parents irrevocable trust in California. My mother died in Sept. 2012. Approx. 2 years prior to her death my sister took many of her valuables (mostly jewelry) ostensibly for safekeeping as she had dementia/alzheimers and lived in a assisted living facility. About 6 months prior to her death I asked my sister to take her remaining jewelry for "safekeeping" as the facility said it was causing problems. In 2009 her long time Doctor prepared a report that said my mother was not capable of making important financial or health related decisions and I have been handling all of her affairs(I had power of atty.) for at least 10 years. Since her death I have found documentation in the trust papers that all valuables incl. the itemized appraised jewelry was part of the trust and should be turned over to the trustee. The appraised value of the listed jewelry items was about 10-12000 dollars in 1990. Obviously a lot more now. My sister has refused to either acknowledge or return the assets despite repeated requests. What are my options?

Thanks very much, John
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

As the trustee, you have a right to demand property be returned to the trust itself. If the sister refuses to do so, then the trust can file a theft complaint with the DA against her and also the trust would then need to be represented by an attorney and the trust would have to sue your sister for return of the property or the value of the property taken.

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