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

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?

Palmdale, CA -

Attorney Answers (3)

Bert Z. Tigerman

Bert Z. Tigerman

Trusts Attorney - Beverly Hills, CA
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
Eric Jerome Gold

Eric Jerome Gold

Estate Planning Attorney - Calabasas, CA
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
Frank A Selden

Frank A Selden

Trusts Attorney - Bellevue, WA
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.

Questions? An attorney can help.

Ask a Question
Free & anonymous.
Find a Lawyer
Free. No commitment.