Petition for emergency suspension

[mohaabtsh40]

What is the name of your state (only U.S. law)? COLORADO
There was a trust left to me and my two sisters when my mom passed Jan 9th 2015.
One sister made up lies, made false accusations, and frivolously filed a petition and emergency suspension pursuant to C.R.S. 15-10-503 to remove mine, and my other sisters power as trustees claiming, FALSELY, that an emergency exists because of an imagined threat to the financial intersts of the trust.

These accusations are based on the fact that one sister lived at the house that is now part of the trust before my mom died and is still there. The claim is that the one living there refuses to move out or pay rent even though she is the one who is doing ALL of the work to keep the mortgage paid and was preparing the home for sale but more importantly, NEVER refused either to move OR to pay rent. My mom died on the 9th, my sister who filed this was in a mental facility years ago, and is some piece of work to make up this paranoid claim that we are together conspiring against her.
The only funds from the trust that have been used are the ones we all agreed on to cover funeral and mortgage, utilities...

The only threat to the trust is now the legal fees that this petition is going to cause. HOW can we get the sister who filed to cover the legal fees from her 1/3rd portion and also get this petition squashed. (I have no money at all for legal help), Possibly have the lying one charged for lying to the courts in order to further delay, harm, and threaten this trust?

 

[OHRoadwarrior]

The probate judge will determine whether she has filed a frivolous claim and who should pay legal expenses of both sides.

 

[mohaabtsh40]

ok

There was a trust though it shouldnt even have probate, can we not have the petition removed? And where does the burden of proof fall, for the lies that were told to get the petition in the first place? It seems that wording in the accusations of "upon information and belief", show nothing but pure speculations. Can an imagined future actually be considered enough to file such an emergency suspension? What do we do to show that the person that filed is a liar? or prevent this person from actually taking everything. Isn't there some legal way to have the petition dismissed, or squashed, based on a lack of any real evidence?
What should we expect that ruling to be and how can we prepare a defense that can be persuasive in our favor?
i know...obtain representation... i just do not have the means...

 

[anteater]

If i am reading Colorado law correctly, there will now be a hearing to consider the allegations and to determine what to do on a permanent basis.

If I were the trustee, I would retain an attorney.

 

[mohaabtsh40]

how much time do they have to notify the trustees of the hearing and by what form of notice is required? is an email considered a legal form of notice?

 

[anteater]

No idea.

Why not call the court tomorrow and ask?

 

[mohaabtsh40]

ok so on the petition it says petitioner shall provide immediate noticeand file proof of having served such notice within 3 business days of this order, so what happens if the petitioner fails to do this?

 

[LdiJ]

ok so on the petition it says petitioner shall provide immediate noticeand file proof of having served such notice within 3 business days of this order, so what happens if the petitioner fails to do this?

How do you know about it if you haven't been served? Obviously you have a copy of the petition.

 

[mohaabtsh40]

no my other sister does, she, and the trust are in colorado, i live in california.

 

[mohaabtsh40]

it seems i want to file an objection to the proceeding before a magistrate, and will have very limited time to do this. Do i need a form, or just write " i object to this proceeding" on a piece of cardboard and mail it colorado? (chuckles) Please tell me what is required to explain how this "emergency" is uncalled for, and how i am no threat to the trust. the accuser is either lying or distorted the truth so far that the information they provided is just completely incorrect.

specifically it says, that i need to be removed, because i failed to do my duties as a trustee "because i agree with" the other accused trustee? I mean PLEASE tell me how someone is going to get away with stating what it is that i agree/disagree with when i disagree with what they are saying? How can they determine what i agree with? They would have to be mind readers and be able to prove they are before it would hold up what my thoughts, viewpoints, and opinions are, coming from them, Wouldn't they?

i am amazed that her attorney actually wrote that in the petition, that must be embarrassing to file such a petition with "PETITIONER SAID SHE THINKS SHE MIGHT MAYBE KNOW THAT THERE IS A CONSPIRING AGAINST HER BECAUSE THEY THINK THEY ARE GOING TO MAYBE DO SOMETHING AND OUTVOTE ME..."

sry, i got carried away with sarcasm, but that is how frivolous the whole thing seems to me.

Thanks in advance,

 

[mohaabtsh40]

Ok, i will shorten my questions. Please help me if you can.
I live in california. The hearing and the trust are in colorado. I do not know how, or if, i can even show up at this hearing.
I just received notice today that it is being held on the 10th, one week from now.

If, i manage to get there, what will i need to have, and what should i expect to happen?

Can someone help me understand how i can be a threat by having a viewpoint? I mean i can think many things, but thinking something and then taking action on those thoughts are completely different matters, are they not?

Is this going to be a final decision on removing me and my sister?

Also, if i do get removed as a trustee, does it have anything to do with what i am to be receive as a beneficiary?

thanks again in advance for helping

 

[OHRoadwarrior]

Tell your sister to bring proof of the work she has done in preparation and proof she paid the mortgage payment. I would see the judge considering the filing premature and scheduling another hearing for 6 months.

 

[mohaabtsh40]

with the assets frozen will this not cause foreclosure?

 

[OHRoadwarrior]

You said she was paying the mortgage. So she really was not paying the mortgage. She was using trust money to pay the mortgage while she lived there for free.

 

[mohaabtsh40]

she had been working with the bank to pay the one month mortgage from the trust with approval of all three of the trustees. As well as the funeral expenses. and was gathering estimates to paint the inside of house, clean or replace carpet to prepare the house to go on market. again all of the trustees were agreeing to this. Even though the mortgage was set up as automatic payments, there was an issue that she and the bank had worked out, untill the one sister filed the petition and froze everything