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Irrevocable Trust..my mom is Trustee??

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monijre

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

Since this is anonymous, I want to start off by saying my Grandparents died in Wyoming when my Mom was 12 and left her andmy Aunt millions of dollars worth of land, propertyand oil and gas royalties. My mom has rarely worked a day in her life and I'm not here to tarnish, but the fact is she is a full blown Alcoholic, spends her money excessively on herself, past boyfriends, and now her current husband.I read my Grandparents will (which i was a part of even though I wasn't born), and my Aunt confirmed ther was an irrevocable trust. My Grandparents wishes weemed to have been where wealth remained in the family generation after generation.

Here is my dilema. I was "rescued" by my dad from my mom at the age of 12 because my half brother and I were abused and neglected. While she was sailing in Newport Beach, we were left alone and occassionally the PG&E was shut off and we were left without food, because my mom did not eat much and was not concerned with our nutrition. One day in her drunken rage hitting me in the face with a belt buckle, I ran out of the house doe
wn the hill amd called my Dad. i toldhim the truth of what was happening and he immediately picked me up. Wwe went back to the house and he told hr he was taking me and my mom shrugged her shoulders.

I had a fruitful life with my dad. He savwd me. He too was wealthy and did spoil me but taught me a lot of responsibility. I was lucky. I went to a private catholic school, excelled and went off to UC Riverside. On my 18th birthday my mom called me and said she had a gift, surprise, how much she missed me and eanted to come to my graduation. What more can an 18 year old want?? Peace and a true relationship with mommy??? Of course! I still had resentment and deeply wounded scars, but I gave in.We met, she cried, she told me how much she has grown and learned through therapy....blah blah bla...she offered to drivr me to college and take me shopping for all my necesseties. I was in heaven. my life seemed great.

About a year later she sent me some documents via UPS and said they were urgent, She wanted me to get them notarized and said, "Honey, your Grandparents left you some money and I want to invest it for you while your at school, so by the time you finish, you'll have a nest egg set up for yourself and you can buy a home, etc" I trusted what she said, did what she said, and sent off the docs. Things changed after that I hheard less from her, fell into my boyfriend (who is now my husband) and we started a family. I was 19 and on my own. I made a grown up choice and had to face responsibilities. Managing a son, then 2 made it too hard to continue school on our budget. This was in 1992.

I am proud to say my oldest is joining the Coast Guard and I have 3 beautiful children. I suffered a lot, but back to the dilema. i questioned my mother about the document and she said "I don't know what you;re talking about". She lives a cushy life with her husband and owns multiple properties in Marin County, I was her Realtor and sold one for her which took 2 years to sell in a declining market. I suspect I made HER Trustee of my irrevocible trust. I notarized everything in Riverside...can't Remember where,but the papers were filed in Alameda County. Where do i start? If she is the Trustee, Is she resonsible for telling me what was in there and acccount for any money she my have used? Do I need to hire an attorney? thank you .
 


Dandy Don

Senior Member
You can start by consulting with a California trust attorney. Your mother most likely is guilty of breach of fiduciary duty and possibly could face more serious legal charges depending on how much and how she stole from you. The attorney will begin by looking at your grandparents probate file to get some idea of the estimated value of the estate and to find out definitely WHO was trustee. The trust is a private document that is managed outside of court, so there will be no public record of that.

She had an obligation to provide you with an annual accounting statement for each year the trust existed, but of course she didn't do that, right? You might have somewhat of a difficult legal battle (unless you allege that she coerced or used undue influence/pressure to get you to sign away your rights, which may be a bit difficult for you to prove legally) because of course she is going to claim that you willingly gave up your rights/money, but I truly hope you get a good attorney who is experience in contesting trusts so that you can win your case. You have been treated most unfairly and I applaud you for standing up for your rights.
 

monijre

Junior Member
Thank you!! One more question...

Will the attorney be able to track down the documents I signed? My husband was a witness to this whole ordeal. The other issue is that she also had my brother sign these docs with the samw promise. She always had a way to dangle the golden carrot in front of us and I have worked up to three jobs to make ends meet for my family. Now we have no relationship, I have Fibromyalgia, and don't have any close family members to depend on. I remember my Mom years ago opening a money market account and living off of thst, This is all sick and twisted. I would never do this to my children. My Aunt (my Mom's only sister/sibling) had a similiar trust set up for her kids and said she will do everything in her power to help my brother and I.
 

Dandy Don

Senior Member
I don't know what documents you signed and you did not mention the title of any documents you signed, but there is an 95% chance he will be able to find them or if he CAN'T find them, he can get access to them at some point during any lawsuit you might file against her. He will probably be able to ascertain, from your description, exactly what documents you signed.
 

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