Anything posted by Atty Frederick trumps any of my response...

I AGREED with your response, Scott, so does that mean we have trumped each other? ;-)

Just posted in case of conflict. You are clearly more knowledgeable in this and likely plenty of other areas of law.

You are both helpful, thank you. As for the vehicle, it was not titled as part of the Trust and the Trust did provide for a list of personal items and it was attached to the Trust. Now I am curious as to Mr. Frederick's definition of "on the hook". What sort of sanctions can be imposed by a court in this situation? My relative passed away in early December of last year and I am still waiting for the vehicle and other items. No communication except through attorneys and the Trustee is not taking their advice but doing his own thing.

This is where I would need to defer to Attorney Kaufman, or another California attorney familiar with the trust code. In Michigan, a probate judge could certainly take a trustee to task, for this kind of violation. Worst case scenario, the trustee could be personally liable for damages. I am not at all familiar with California trust laws, however, and they may differ dramatically from those in Michigan. It sounds like you may be represented by counsel. If you are not, then you probably should be, given the trustee's apparent penchant for "doing his own thing." It seems at least possible that there could be punitive damages for that kind of behavior. Of course, that would need to be addressed in court. If the trustee sold the car, but is going to give you the proceeds, then the actual damages may be fairly low.
This would be ONE of the things that could result in removal of the trustee, however, for failure to follow the terms of the trust. I would certainly document everything that the trustee has not done properly. Having an attorney assist you with any probate action is the best way to achieve a good result.

I do NOT know this area of law, but, as my initial post stated, you need to get in there and fight for your rights. Get a local atty who handles these issues. There are plenty of them. Show them your documents and tell your story. Each day you wait, is another day that assets are apparently getting further and further away from you.

Thank you Mr. Frederick. I am represented by an attorney in California but she is not a litigation attorney and would have to refer me to one. As I am anticipating this ending up in court, I appreciate your comments and advice very much. I am dealing with a loose cannon here. I am in Florida and am not looking forward to another trip to California! Maybe the Trustee can be ordered to pay for my legal fees and travel expenses too!

Thank you Mr. Kaufman. I am represented by an attorney in California but she is not a litigation attorney and will have to refer me to one should it be necessary. She has been communicating with the Trustee's attorney and there is plenty of documentation. I am anticipating this matter ending up in court as I believe the Trustee will not listen to good legal advice for which the estate is paying for. I believe the only person he will listen to will be a judge. Can't call any attorneys at this hour, especially from the East coast. I appreciate your comments and advice very much.

You can certainly ask for costs. You want to specifically look for a probate litigator, as it is critical that the attorney knows the trust code. There are some very good California probate attorneys that are very active participants in the avvo community. You can click the "find a lawyer" link below and input "probate litigation" and Palo Alto.
When I did this, I came up with: http://www.avvo.com/search/lawyer_search?utf8=✓&q=probate+litigation&loc=palo+alto%2C+ca&commit=Find+lawyers
You would do well with almost anyone on the first page, but I am partial to attorneys Bergman, Brewer and Lonich.
Best of luck to you!

When I started my online search for answers I came across the name of Janet Brewer in the Palo Alto area and that is what led me to the Avvo site. This is very helpful and is most appreciated!! Thank you and goodnight!