executor of trust is threatening me

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

My mother just passed away. I am a beneficiary and ( I believe) a
co-trustee along with moms niece on Mom's living trust ( an LLC ). This same niece is also executor of moms living trust.
THE PROBLEM: I do not have a copy of the trust yet and mom's niece wants me to meet her at mom's bank to change names ( probably adding her name )on mom's bank accounts which at this time are held jointly by my deceased mom and myself. I requested that I see trust first before I go to the bank and she said to me that she is able to do this at the bank without me and if I refuse....she will remove my name from the bank accounts. That I am making trouble. Moms estate attorney will not return my phone calls and I don't know where I stand with the trust...I am totally in the dark. I feel very intimidated...should I go to the bank with her... Is this what an executor needs to do ?? Am I worrying needlessly?
Please reply ASAP.What is the name of your state (only U.S. law)?

cinbred said:

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

My mother just passed away. I am a beneficiary and ( I believe) a
co-trustee along with moms niece on Mom's living trust ( an LLC ). This same niece is also executor of moms living trust.
THE PROBLEM: I do not have a copy of the trust yet and mom's niece wants me to meet her at mom's bank to change names ( probably adding her name )on mom's bank accounts which at this time are held jointly by my deceased mom and myself. I requested that I see trust first before I go to the bank and she said to me that she is able to do this at the bank without me and if I refuse....she will remove my name from the bank accounts. That I am making trouble. Moms estate attorney will not return my phone calls and I don't know where I stand with the trust...I am totally in the dark. I feel very intimidated...should I go to the bank with her... Is this what an executor needs to do ?? Am I worrying needlessly?
Please reply ASAP.What is the name of your state (only U.S. law)?

Click to expand...

Sorry for your loss.

Your mother and you held a joint account prior to her death which means your niece has no right whatsoever to remove your name from that bank account..as you are now the sole account holder and unless the trust/will specified a certain dollar amount being designated for the estate out of that account (that belonged to your mother specifically), the bank account's contents are now yours.

As for the estate attorney..unfortunately the attorney is not obligated to deal with you unless you are the executor/trustee and he/she is being retained by you to answer such questions. You really need to find out if you are a Co-Trustee as it makes a big difference.

The main thing to do is not panic or stress over things. You should consult your own attorney about your options if you really feel that strongly that things aren't going as they should.

Go to the bank by yourself first. Talk to them in regards to this account. Depending on how the account is titled, you very likely are the owner of the account. Go to the bank and they will tell you exactly what you need. You will need a death certificate, most likely. Any knowledge you get from them will be very useful. The niece will start cooperating most likely if that account is yours outside of the trust, or will.

This statement is a little confusing, "I am a beneficiary and ( I believe) a
co-trustee along with moms niece on Mom's living trust ( an LLC ). This same niece is also executor of moms living trust."

it sounds to me like you have the clout, your niece knows it, and she is strong-arming you into doing something before you know you have the clout.

you have received excellent advice. if those accounts are owned jointly by you and your mom, you would have been able to take the money out even with your mom alive. so no death certificate would even be needed.

if your mom placed you on as a beneficiary in a pod, then you should only need your mom's death certificate.

as was advised, go to the bank. your goal should be to put those monies directly in your name, and advise your niece that if she does not send you a copy of the trust, you will be hearing from your attorney, and charging her with your attorney fees. start using a little strong-arming, yourself.

the estate attorney is working for your niece, the executor of the will. forget about getting any cooperation from that attorney.

if any real estate is owned, you can go to the county courthouse to see how it is titled. if it is in trust, look to see who are the named trustees. that may give you a clue as to who the successor trustees of the trust are.

if your name is on public record as a trustee, that is all the more ammunition that you have to toss at your niece.