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My father died and I was not told within the 20 days my

Customer Question
Hello, yes my father...

Hello, yes my father died and I was not told within the 20 days my fatjer made it clear that I and my brother plus his step child inherit his will and trust. a cousin of his went to his home when he was in full blown dementia and got him to sign her is as trustee although she never contacted us nor did the so called step son that his mother said was my father's born when my father was 72. now they and their attorneys have agreed to settle between the two of them. the cousin lied and said that we were dead/ my oldest brother and I and the so called step son stated that my dad said we were disinherited. My father and mother were never legally divorced

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Yes California

Lawyer's Assistant: What documents or supporting evidence do you have?

I have all documents stating that myself and my older brother and step son would inherit. the cousin lied to the court and said we were deceased, although she called me after the 120 days were up and told me it was too late to do anything about it. I am my fathers only daughter and we were close I have the person who took care of him and the doctor and medical records which would prove he was in dementia when he so called signed her in as trustee and the signature does look forged

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Don't the attorneys have a fiduciary responsibility to search for living relatives before they can file

Submitted: 1 month ago.Category: Estate Law
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Answered in 12 minutes by:
1/16/2018
Estate Lawyer: Bill Attorney, Lawyer replied 1 month ago
Bill Attorney
Category: Estate Law
Satisfied Customers: 1,735
Experience: Attorney
Verified

Dear Customer ,

Thank You for posting your trust law question today in California. For the purposes of probate law trusts and wills are two different legal and distinct entities.

If your father was suffering from dementia at the time he appointed a cousin as trustee you can apply to the Superior Ct for his removal .

You will need to file a petition with the court so that the court can order his removal and appoint a successor trustee which you can apply to be under the same application.

In terms of filing you can file this yourself by contacting the court in the County/ city where the trust was created. You can also claim that your cousin account to the trust for any monies taken.

An attorney can file this application on your behalf.

We are here to help so please follow up with me as required.

In return remember to rate positively today.

You do this by rating 5*****, 4**** or better.

So I hope you rate FIVE STARS today.

Best

Attorney Bill

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Bill Attorney
Bill Attorney
Bill Attorney, Lawyer
Category: Estate Law
Satisfied Customers: 1,735
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