Trustee hasn't paid mortgage ..home in foreclosure

What is the name of your state? New York

I just found out that my sister(executor of father's estate) has not paid the mortgage on dad's house and the mortgage company has started foreclosure proceedings. The mortgage company will not give me any info because I am not the trustee. There was an account designated to pay the mortgage and she hasn't. What can I do?

The trust and home are in California

Get an attorney NOW!

In addition to getting an attorney, you or your attorney needs to be checking at the county courthouse surrogate court/probate court for wherever the person died to see if there is any probate file activity being started, unless all assets were put into the will, in which case there is no need for probate. If probate has begun, order a copy of everything in the file to see how the estate has been handled thus far.

Thank you for your replies. Do I contact an attorney in California? Will this lawyer conduct business with me via the telephone?

Also Dandy Don.. The home is the only asset left in the trust. The bank accounts were POD and have been distributed already. The will has not been probated.

Is the house mentioned in the trust or in the will? Does the will or the trust specify that the home is to be sold?

Why hasn't the will been probated?

Is your sister the trustee or is the trustee someone else?

Dandy Don said:

Is the house mentioned in the trust or in the will? Does the will or the trust specify that the home is to be sold?

Why hasn't the will been probated?

Is your sister the trustee or is the trustee someone else?

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The house was deeded to the trust when the trust was composed.

I can't find any passage in the will that states that the home must be sold. It was just common knowledge that it would be because it carried a hefty monthly payment for mortgage ..home owners fees ..etc....

Since his accounts were paid on death and distributed right after his death, we all put 5000 each into another account to pay the expenses. Which totaled over 20,000 and would have covered it for over a year.

The bank will not tell us how much is in the account now because she is the trustee, They keep telling us to question her.

My sister claimed that there was no reason to probate the will because the home was the only asset.

She is the executrix and the successor trustee

Thank you again for your reply.

Where is this account you say was designated to pay the mortgage? Your attorney will need to be finding out where this account is and finding out what happened to this money. This is very suspicious behavior on the part of the trustee/executrix. Let's hope she hasn't committed any actions that would make her vulnerable to charges of breach of duty/theft.

If you are a beneficiary of the trust your attorney needs to be requesting a copy of the trust on your behalf (if you don't already have it) along with accounting statements for each year the trust has been in existence as well as tax returns. You may want to consider requesting an audit if the accounting statements don't add up.