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Trustee trying to make side deal

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What is the name of your state? CA
What is the name of your state? CA

My father died a week ago. The day after my father died my brother, executor of the estate already wanted to start talking about dealing with some of the personal possessions. Estate divided with him getting 2/5, me 2/5 and my sister 1/5 in annuities. Everything else, including possessions, stock etc to be distributed equally. Since we are equals in the estate distribution he came to me to discuss the two cars. If we were to do things the way he suggested we would both get the same distribution. If I understand correctly as written in the trust, the cars are part of what gets distributed equally, and this would be totally unfair to my sister.
Now a week has gone by and I realized that I will need some time to go through all the stuff in the house before I can even start the process of dividing things up. My sister, who has no income lives in the house as well. He just told her she's going to have to move out because he needs to start some repairs, so I am assuming that all the stuff will need to go as well.
His track record in life regarding finances is terrible, my dad realized that too, unfortunately before he had a chance to change the primary trustee to someone else before he died. My brother also owes quite a bit of money, a large sum in the form of a personal loan my dad made to him - which my dad took a second on the estate. The loan had a wriiten statement of the terms etc. My sister and I both saw it, yet it now has dissappeared He has a track record of lying, coercing and stealing. As second trustee do I any any rights at all to protect the estate from him?What is the name of your state?What is the name of your state?What is the name of your state?
 


BlondiePB

Senior Member
maidao2001 said:
What is the name of your state? CA
What is the name of your state? CA

My father died a week ago. The day after my father died my brother, executor of the estate already wanted to start talking about dealing with some of the personal possessions. Estate divided with him getting 2/5, me 2/5 and my sister 1/5 in annuities. Everything else, including possessions, stock etc to be distributed equally. Since we are equals in the estate distribution he came to me to discuss the two cars. If we were to do things the way he suggested we would both get the same distribution. If I understand correctly as written in the trust, the cars are part of what gets distributed equally, and this would be totally unfair to my sister.
Now a week has gone by and I realized that I will need some time to go through all the stuff in the house before I can even start the process of dividing things up. My sister, who has no income lives in the house as well. He just told her she's going to have to move out because he needs to start some repairs, so I am assuming that all the stuff will need to go as well.
His track record in life regarding finances is terrible, my dad realized that too, unfortunately before he had a chance to change the primary trustee to someone else before he died. My brother also owes quite a bit of money, a large sum in the form of a personal loan my dad made to him - which my dad took a second on the estate. The loan had a wriiten statement of the terms etc. My sister and I both saw it, yet it now has dissappeared He has a track record of lying, coercing and stealing. As second trustee do I any any rights at all to protect the estate from him?What is the name of your state?What is the name of your state?What is the name of your state?
A trustee oversees a trust. An executor probates a will. These are two different things. Sounds as though your brother needs to post a bond, and you need to consult with an attorney.
 

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