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Successor Trustee of Mom's estate being sued

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VEarls

Junior Member
What is the name of your state (only U.S. law)? CA
My Mom passed away in March and disinherited my sister, however, she left my sister's kids (2) $100K to be held in trust with me as the Trustee. My sister filed a lawsuit in August against me as the Successor Trustee stating that my Mom was still holding assets of hers that I wouldn't return to her (which I do not have). Even though she claims to not be attacking Mom's trust, she is trying to get me removed as Trustee over the kid’s money by using that point as a negotiation tool to settle her 850 Probate petition.

My question is this - she is supposed to produce documents on Monday 11/17 to support her claim and if she doesn't my lawyer wishes to move forward with further handling and discovery which will cost the estate additional monies. He is telling me that this will not go to court until all of this has been completed. Is the burden of proof on me or my sister and why can't we go to court (our next date is 12/10 after 2 postponements) and say she isn't producing any proof and ask the court to throw out her lawsuit? Am I missing something here?? Can someone please tell me if I am getting bad advise from my lawyer? Also a demand letter was sent to my Mom in 1982 which never went anywhere and I was told that the statue of limitations ended for her demand in 1986. Please help?
 



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