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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

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?

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. 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


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 right of confidentiality between you and the responding attorney. These responses are intended only to provide general information about perceived legal issues within the question. Each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer is not a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction and who is familiar with your specific facts and all of the circumstances.

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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.

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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 relationship. When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel. Law Offices of Eric J. Gold Telephone: 818-279-2737 Email: service@egoldlaw.con

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thank you very much for your time and advise. I know my sister did something to have me taken off as trustee and without my knowledge I don't know how. She wont talk to me and hasn't for almost 3 years. Anyone I ask about ahats going on with moms money they tell me "its going in an account". Well that don't tell me anything and I worked very hard for my inheritance, and I would like to have what is rightfully mine. I had the number to the lawyer that my other sister hired (that is suppose to be handling my moms account) but he wouldn't talk to me when i called. I am so confused and I know I need to hire a lawyer to handle this, I keep putting it off because I hate that my sister and I haven't spoke for so long and I feel like she will get in allot of trouble for how she did this. I am going to get a lawyer and I thank you for your time

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