Michael Austin Hackard’s Answers

A Trustee right to prosecute litigation requires counsel to look at three major elements. First - The Trust itself should be examined. Does the trust provid explicit authority for the trustee to pursue litigation. How broad or expansive is the authority. If this is unclear the Trustee can petition the Probate Court for instructions. Second - The California Probate Code has a number or provisions that relate to the power of Trustees to prosecute or defend actions for the protection of trust...

Your father can engage an attorney for his own estate plan. He has testamentary control over one-half of his community property assets and 100% over his separate property assets. A local estate planning attorney can explain this to you and your father.

You have not identified your position although it sounds like you may be the Trustee. If you are the Trustee you can utilize procedures in the probate court to subpoena records of the 3rd party and the beneficiary as well as take their depositions. In any event you will need to hire a lawyer to assist you. The lawyer can advise you whether you should be seeking some extraordinary procedures (protective orders, etc.) out the outset of the litigation or whether the more leisurely pace of probate...

I first note that wthout reading the entire trust any explanation will be somewhat speculative. With that caveat in mind and assuming as you've said that your brother is both a trustee and beneficiary the following considerations are in order. The trustee has the duty to collect and protect trust property. The trustee has the duty of undivided loyalty to trust beneficiaries. He is to to treat all beneficiaries impartially. These duties can be modified by the trust instrument itself. The...

You need to see a local attorney who practices in estate and trust law. Much of this might depend on how title was held for the real and personal property of your mother.

The probate court will not force a partnership on you. That said you need to be well represented. Your situation is not uncommon. You should be able to "equalize" the division. You and your brother should consider a short mediation with a qualified mediator. It would save both of you time and money and you each can still be represented by counsel of yur choice.

You should begin by securing a copy of the living trust. The living trust will identify the beneficiaries as well as the successor(s) trustees to your mother. You should also check title on your mother's house. Is the house in the name of the trust? Even if not there can be a savings clause in the trust. If the oldest child is living in the house and paying for it he could have a right of reimbursement (again one must look at the terms of the trust). He might also have the concurrent...

You do need very qualified legal counsel. An experienced family law attorney has probably addressed the issue that you have identified several times in his or her practice. Depending on the amount of money at issue the lawyer will probably engage an investigator who is experienced in this area. All of that said the discovery process will require that the husband testify under oath about his/their assets and any transfers that he has made. If he commits perjury and it can be proven he can also...

You need to seek an attorney in the County where your father lives who is familiar with conservatorships. You might petition for the conservatorship and the Court will likely appoint an attorney to represent your father's interests.

First, I am not a Mississippi lawyer so I can only apply general law principles. If your mother left her home to the four of year equally as tenants in common then you can utilize a partition action to forece a sale of the home. Not knowing the mechanism that was used to "leave" the home to you it may be necessary to probate your mother's will and to secure a court order for the sale of the home. See a lawyer in Hattiesburg (nice town - I've been there) who is familiar with wills and trusts.