Can my brothers and I cash our checks from my grandfather's estate if we will later dispute the amount?: My grandfather had a living trust with my uncle as the trustee. My uncle gave us all our checks after the sale of my grandfather's home. He provided a ledger of expenses. He charged 20% for trustees fees and elder care. He listed expenses that we paid by my grandfather prior to his death simply because the monies were deposited into/and paid from my uncle's account. He also gave a total of $10,000 to his kids not even listed in the trust as beneficiaries. My brothers and I will definitely be disputing all of this.
Kendall's answer: In order for a to properly carry out all his/her duties as trustee after death, there is a fairly long laundry list of things that need to be taken care of -- notice to certain people/entities, accountings and reports, inventorying of assets -- and many, many others. Beyond this, it goes without saying that a trustee must act within the confines of the trust document, which will set out the trustee fees to be paid, the beneficiaries under the Trust, and other powers and duties that the Trustee must abide by. If what you report is accurate, your uncle acted outside the scope of his duty as trustee, and is in breach of his fiduciary duty as trustee. As beneficiaries of the Trust, you and your brothers have standing to dispute any number of things he has done, and your acceptance of the check he has given you should not be an impediment to pursuing those claims, if you decide to do so. You should definitely meet with an attorney that handles trust and estate litigation to discuss the matter, weigh your options, and decide whether or not to pursue any action. Good Luck
I am trustee of my deceased grandmas estate. Do I own her file?: I have hired a local attorney to help me with a probate-her previous lawyer did not put my grandmothers home into her trust. I asked the previous attorney for the file and she said no that she owns it. I will add that there is a cotrustee to a portion of my grandmothers estate that is also represented by this attorney.
Kendall's answer: Under California law, the attorney-client privilege held by the client passes to the administrator upon death. You might have to institute some kind of court proceeding to get appointed as special administrator, if the former attorney is very insistent on not turning anything over. But if you do that, there is no question that you have the authority to be given the file. Also, under the California Rules of Professional Conduct, the attorney NEVER "owns" the file. The attorney may be able hold back certain documents or information as his or her "work product," (such as research and notes), but the client's file is client property and should be released. That is very clear.
No property listed in will, is there anything I can do to try and get the condo awared to me? I do not intend to sell it.: My Grandmother intended on having no property when she passed so her Condo was not listed in the living trust and pour over will documents, at least not that I know of. My Aunt is the trustee/Executor/power of Attorney for her, she advised she was not going to rent or sell the condo at the current moment, when I inquired about renting it to cover the cost until they decide. There is no mortgage owed on it. I took care of my grandmother the last few months and lived there during the week when I was working. As her GrandDaughter I would like to have the condo. I intend on moving in and living there not selling it for the money. Is there anything I can do to facilitate this legally speaking? I just don't want them to sell it out from under the family that lived here with my Grandmother.
Kendall's answer: When you say the condo "was not listed" in the trust/will, do you mean to say that title is still in your grandmother's name individually, or that it simply wasn't listed in her trust as a specific item to be distributed upon her death? That is a critical point, because it determines what authority your aunt has over the property. If it's not titled in the trust, and is still in your grandmother's name individually, it must be subjected to a formal probate administration before your aunt can get any authority to handle it, which means you would likely be given notice of her intentions. On the other hand, if it is in the trust already, and she is trustee, she has all the authority she needs to handle it in the fashion directed by the trust. Unfortunately, your status as her granddaughter doesn't automatically give you any rights to her property. Unless, of course, you are named as a beneficiary in a trust or will, or you are an heir at law, if she left no documents. You need to engage in your aunt in a conversation and find out specifically what the status is with the condo. If you are a beneficiary otherwise, you may be able to work something out with her.