locked out

[losman]

What is the name of your state? CA

My deceased brothers wife is trustee of my mothers living trust. Since my brother passed 12 days before out mother, my nephew and I are the only beneficiaries. I live over an hour away from the property she lives 5 minutes. When I couldn't be there when she wanted me to, she cleaned the valuables out of house and gave me what she wanted to. Now she has changed the locks and I can't get in, she states that the attorney advised her to do this.
She also informed me on the night my mother passed that she was in charge and was going to sell the property ( that has been in my family for over 150 years.)

I don't know why my Mom left her in charge.
My question is, what rights do I have?

 

[xylene]

What is the name of your state? CA

My deceased brothers wife is trustee of my mothers living trust. Since my brother passed 12 days before out mother, my nephew and I are the only beneficiaries. I live over an hour away from the property she lives 5 minutes. When I couldn't be there when she wanted me to, she cleaned the valuables out of house and gave me what she wanted to. Now she has changed the locks and I can't get in, she states that the attorney advised her to do this.
She also informed me on the night my mother passed that she was in charge and was going to sell the property ( that has been in my family for over 150 years.)

I don't know why my Mom left her in charge.
My question is, what rights do I have?

My question is - why don't YOU have a lawyer?

 

[seniorjudge]

Q: My question is, what rights do I have?

A: What does the trust say?

 

[losman]

Q: My question is, what rights do I have?

A: What does the trust say?

Trustee shall have all the powers to buy and sell securities and any other powers subsequently granted such Trustee by statute.

I have purposely made no provision herein for any other person, whether claiming to be an heir of mine or not. Should any person, whether a beneficiary under this Trust or not mentioned herein, contest this Trust or object to any of it's provisions, then to such person I hereby give and bequeath the sum of one dollar $1.00 and no more.

I was afraid if I retained an attorney, this part would come into play.

 

[justalayman]

making sure the trust is being directed properly within its charter would not be contesting nor objecting to any of the provisions of the trust.

Simply speaking with an attorney could not be inferred as such either. At least take the trust document to an attorney who can read it in its; entirety and advise you as to your rights.

 

[StuckOnStupid]

losman wrote:

Should any person, whether a beneficiary under this Trust or not mentioned herein, contest this Trust or object to any of it's provisions, then to such person I hereby give and bequeath the sum of one dollar $1.00 and no more.

losman, I'm in Florida and know zero about California. However, a "Penalty Clause" is NOT enforcable in most juridictions. If Cailfornia has a similar statute as Florida (see below) then you have every right to question the trustee's actions.

Florida Statute 736.1108 Penalty clause for contest.--

(1) A provision in a trust instrument purporting to penalize any interested person for contesting the trust instrument or instituting other proceedings relating to a trust estate or trust assets is unenforceable.

The link below gives a pretty good outline of how the California courts handle this. From what I read it depends on what you are contesting as to whether or not you will prevail. Obviously a trustee's breach of fidiciary duty or fraud would not be protected by a purported penalty clause.