Family Trust (My mom's)

[jamesetherton99]

What is the name of your state (only U.S. law)? California

Where do I start? My mom died naturally at age of 93 at the end of January 2014. She lived with one of my sisters in my sister's house for the last app. 5 years of her (my mom's) life. A different sister was the trustee of the trust until about 2003 when the sister who my mom lived with was made trustee. I never asked about the trust since I didn't think it was proper while the person was alive. a couple of weeks after my mom died, I visited my nephew who also had room and board in my sisters house (where my mom was living). He told me that my sister (the trustee) had basically gambled all of the money from the trust away. Just short of half a million. Slot machines, playing them several times a week, all night long. I never knew she had a gambling addiction. Nobody did. I got ahold of an old copy of the trust when the first sister was trustee. I got the attorney's name from some letters (amendments were made) and called her. I asked her how do I get a copy of the will. Although she was no longer attorney of record, she told me to mail a certified letter to my sister/trustee. I did so. In the meantime, my sister/trustee shows up at my other sister's house (first trustee), and crying says "there is no money" left. The letter I sent to my sister/trustee via certified mail also asked for an accounting of the monies spent. To make a long short short, she is refusing to give me a copy of the will and told me that I am not even in it. Apparently if she is telling me the truth, then I was taken out.

How do I make her give me a copy of the trust? If I am mentioned in there (as she states that I mentioned with the language "I have intentionally left my son MY NAME, out of this trust" then do I still have a legal right to get a copy of it, and how can I start to dispute it and how long do I have to do so? I can't really afford an attorney since I am on a fixed income. To further complicate things, both of my children (age 23 and 20) I know are in there for $5,000 each. But since "there is no money" left, how can I proceed to make them whole?

Thanks

 

[LdiJ]

What is the name of your state (only U.S. law)? California

Where do I start? My mom died naturally at age of 93 at the end of January 2014. She lived with one of my sisters in my sister's house for the last app. 5 years of her (my mom's) life. A different sister was the trustee of the trust until about 2003 when the sister who my mom lived with was made trustee. I never asked about the trust since I didn't think it was proper while the person was alive. a couple of weeks after my mom died, I visited my nephew who also had room and board in my sisters house (where my mom was living). He told me that my sister (the trustee) had basically gambled all of the money from the trust away. Just short of half a million. Slot machines, playing them several times a week, all night long. I never knew she had a gambling addiction. Nobody did. I got ahold of an old copy of the trust when the first sister was trustee. I got the attorney's name from some letters (amendments were made) and called her. I asked her how do I get a copy of the will. Although she was no longer attorney of record, she told me to mail a certified letter to my sister/trustee. I did so. In the meantime, my sister/trustee shows up at my other sister's house (first trustee), and crying says "there is no money" left. The letter I sent to my sister/trustee via certified mail also asked for an accounting of the monies spent. To make a long short short, she is refusing to give me a copy of the will and told me that I am not even in it. Apparently if she is telling me the truth, then I was taken out.

How do I make her give me a copy of the trust? If I am mentioned in there (as she states that I mentioned with the language "I have intentionally left my son MY NAME, out of this trust" then do I still have a legal right to get a copy of it, and how can I start to dispute it and how long do I have to do so? I can't really afford an attorney since I am on a fixed income. To further complicate things, both of my children (age 23 and 20) I know are in there for $5,000 each. But since "there is no money" left, how can I proceed to make them whole?

Thanks

It may be impossible for any of you to be made whole. If your sister has that bad of a gambling addiction its unlikely that she has any assets either. You might be able to send your sister to jail, but there may be nothing to collect against.

You can certainly get an attorney and attempt to force the issue of the trust and the will.

 

[jamesetherton99]

So I still can go after my sister?

Thank you for the reply. This is what I intend to do, go after my sister as a criminal matter. Are you saying that even though I am not a beneficiary named in the trust, although I AM mentioned in it as specifically being given nothing, I can start to go after her? Would my basis for doing this be to "dispute" the trust? Does this kind of thing get expensive? Or does the probate court simply take up the matter? I know that my sister certainly manipulated my mother during the time that my mom was living in her house to remove me (and my wife) from the trust. Funny, our two children (23 and 20 years old) were still in it as benefactors for $5000 each though. Can I dispute it and if it is ruled in my favor, somewhere down the line get my sister's/trustee wages garnished? She makes very good money. I am kind of confused as to how to start. I have a fixed income. Is this something that I can do on my own...are there any self help resources on this? I think that I can qualify to get the filing fees waived by the court, per the court's rules.

thanks again.

 

[anteater]

First, you don't "go after [your] sister as a criminal matter." You can contact law enforcement and present what evidence you have. But, it is their decision whether pursue this as a criminal matter.

Or does the probate court simply take up the matter?

You are talking about being a plaintiff in a lawsuit. This isn't something where you write a letter and, voila, the court sends a team of investigators to find out what happened.

This really isn't a do-it-yourself project. I suggest that you contact a couple attorneys with trust litigation experience and ask for an initial consultation.