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Have Trust- Sister pushing unnecessary probate

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M

mommy556mine

Guest
I am from California. My sister and I have a Revocable Living Trust and there is no contesting of this trust. Everything is to be split 50/50. The problem is that she doesn't feel that I am getting her money fast enough. Mom died in February and I am the only one cleaning up the estate. Mom was a packrat and there is a lot of literal garbage to clean out of the house.My sister has made threats against myself and my property. How do I stop her from taking this trust to Probate Court? How do I protect what Mom had entrusted to me.I am handling all the finances.My sister came into the house and without telling me- shut off the phone and cable service and told them to send me the bills.She erased important creditor information from the answering machine and now I am having to pay extra fees for reconnections and late fees from companies because I didn't get their messages. Since I am handling the finances-and she gets a monthly statement of the estate account, and a detailed accounting-does she have the authority to disconnect utilities without notifying me? Can she force this to go to Probate Court? Mom set this Trust up so we could avoid Probate Court and Estate Taxes.How can I prevent her from going to court and/or possibly having me removed as the first Successor Trustee? A prompt response would be greatly appreciated. Sincerely, Janet W. Long Beach, California

[Edited by mommy556mine on 06-16-2001 at 03:51 PM]
 


ALawyer

Senior Member
I have seen this FAR too many times.

Your sister may be in grief too, but she sure sounds like an angry, jealous and ungrateful person who has overstepped her bounds. But she is YOUR sister and getting into a big fight will just cause both of you grief and money.

You really ought to get into a discussion with her about her helping out. Perhaps she has a lawyer that can help, and you'll share the cost. Perhaps she'd spend 2 weeks going thru things with you to make sure there is nothing left undiscovered. Or perhaps you'd better get a lawyer to make sure what you have been duing is prudent and sufficient and then write her a letter telling her to butt out and if she sues you'll defend and the money will be wasted in lawyers fees. Again, she's your sister.
 

dmode101

Member
A living trust may avoid probate court, but it will not avoid estate taxes. Assets in the revocable trust are considered part of mom's taxable estate. If the trust plus all other assets exceeds $675,000, then you need to file an estate tax return.
 

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