I was 1st my sister was 2nd trustee on my moms living trust , is it legal for my sister to have it changed after mom passed away

Asked about 2 years ago - Palmdale, CA

so that she is 1st and now I am 2nd and without my knowledge? I was never notified of this. my mom had a sum of money for a family business that my parents sold (before they passed) that is deposited into an account every month, only I had access to it. When there was no deposit, i called the company that process the payment, they informed me that i was not the trustee on record and they couldn't talk to me. I want to know is it legally possible?That is NOT what our mom wanted. she chose me to take care of her estate and just so you know also my other sister told me that since i had just lost my son (just 5 months after my mom dying) she and my sister had got a lawyer because they decided i was not right in the head and they didn't want me in charge of my moms estate. what can i do?

Additional information

the beneficiaries of the trust is 4 of us we are to get 25% each. there is not allot to split up.
The business mom sold had $60,000 left to pay her. also I couldn't make the payments on the house and the home and pay the loan mom owed, I had to give it back to the bank. My sister & her 3 kids lived in the house too, when mom died my sister changed the locks and would not give me access. they had to move out, all moms pers. prop.she had is in a huge cargo container at someones house and wont give me access. all pers. prop.is to be split 4 ways also and has not happened either. my sister was very angry that we lost the house and blamed me, we still dont talk and its been over 3 years since mom died.
the $60,0000 i hear is controlled by the lawyer my 2 sisters hired and is supposably building up in an account, no one in my family will tell me a straight answer and I need the money that is owed to me for my inheritance, and would like some of my mom things, and they refuse to give me any info.

Attorney answers (3)

  1. Bert Z. Tigerman

    Contributor Level 16

    3

    Lawyers agree

    Answered . I am not sure that I understand what 1st and 2nd mean. Are you a successor trustee if your sister stops being trustee? Or are you a co-trustee with your sister. If the former, then you are not the trustee and have not powers other than as a beneficiary. If you are a co-trustee you have powers but you have to look at the trust documents. I suggest that you consult a trust and probate lawyer and determine you rights.

    DISCLAIMER: The response herein is not legal advice and does not create an attorney/client relationship or any... more
  2. Eric Jerome Gold

    Pro

    Contributor Level 19

    2

    Lawyers agree

    1

    Answered . Based on your short statement of facts, this situation requires the attention of a local trust / probate attorney. You need someone that can review all of the facts, documents and circumstances to see what is really going on. It sounds as though your sisters had you removed as trustee, but you should have been made aware of that by the courts. Again, consult with local counsel. You can contact the local bar association for a referral or try the Avvo Find a Lawyer tool.

    ** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client... more
  3. Frank A Selden

    Contributor Level 16

    3

    Lawyers agree

    Answered . this situation is too complicated to solve on AVVO. part of the answer requires a review of the trust document, another part a review of the estate or probate. Highly recommend you connect with a local probate or trust attorney.

Related Topics

Trustee

A trustee is the person or legal entity who administers a trust according to the wishes of the person who set it up (as specified in the trust agreement).

Successor trustee

A successor trustee is someone who takes over the role (and original duties) of trustee if the original person can't continue with the responsibility.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

29,875 answers this week

3,364 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

29,875 answers this week

3,364 attorneys answering