Anonymous asked in Politics & GovernmentLaw & Ethics · 3 weeks ago

My sister and I are beneficiaries of our parents estate in California. My brother is the trustee. He has breeched his responsibilities.?


He has not spoke to me in 11 months so I have no idea what he is doing but found out by mishap he is holding a cashiers check of 104,000 and two large tax return checks without putting them into the bank to get interest.  We believe his own financial life is a mess and if he shows he has cash the creditors will get it all.  However, this has nothing to do with my sister and I not getting what we deserve.  We have each hired very costly attorneys and still nothing has happened.  We don't know if

Update 2:

we should sue or go to probate court to have him removed.  He is also asking for a large 1% of the estate for his fee when he has breeched his duty so many times its crazy.  Court will be expensive and long.  Don't beneficiaries have any rights!  We want the gift our parents have left us and he is being so disrespectful to our parents its making us ill.

Update 3:

He finally sold our parents home but did not split the sales in three he kept 60,000 for no reason at all sitting in the bank when their are no bills left to pay.  He is now eating up trust money using this lawyer that is doing absolutely nothing to get things moving and knows the cashiers check is just sitting around gaining no interest.

Update 4:

Get a new lawyer?  Sue?  Probable court?

12 Answers

  • Foofa
    Lv 7
    2 weeks ago

    You'd hardly be the first beneficiaries to sue the trustee of a parental estate, so go talk to a lawyer.

    Lv 7
    3 weeks ago

    So get a lawyer and sue him.

  • Anonymous
    3 weeks ago

    I have no idea what "probable court" means.  Probate Court?

    Don't represent yourself.  The Judge will be amused.  It's BREACH of an agreement, not breech.

  • james
    Lv 7
    3 weeks ago

    You need a Attorney to talk to his & the estates Attorney. You also need a audit done. The estates Attorney is there to represent the estate not your brother. Your brothers attorney represents him.

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  • 3 weeks ago

    Notify the Probate Court, in writing, that you want an immediate "STATUS HEARING" to discuss the mishandling of the estate of your parent and t

    o have another person appointed as the executor.

    Part of what you say makes no sense...there should be an account where all of the proceeds of the estate are held prior to disbursement...nothing from the estate should be held in your brother''s personal account.

    You may not need a lawyer as the probate judge governs the proper handling of estate matters andif your brother is mishandling the estate, he WILL BE removed.

    • Common Sense
      Lv 7
      3 weeks agoReport

      I your lawyer and hire another lawyer, who specializes in Probate matters.

  • 3 weeks ago

    Hire a lawyer and sue him for breach of fiduciary responsibility.

    • Yes, we each have hired lawyers who have been unsuccessful getting him to distribute the cash.

  • 3 weeks ago

    There are things here that don't make a lot of sense: You and your sister are not also trustees to your parent's trust? You identify your brother as a trustee but is he also the executor of the trust? To put an offspring as the executor of a trust who is not a beneficiary of the trust is a ready-made family feud. Why would your parents do that? In California when there is a trust an estate does not normally go through probate, why is that happening with this estate? Has your brother hired a lawyer to settle the estate? In any case, yes, you need an attorney if this is a legitimate post.

    • My brother is executor.  My mother's lawyer represents the trust.  We each have a attorney as well that have been unsuccessful in collecting the last bit, the cash.  why is this happening?  If three lawyers can't get this done at $400 a hour is a mystery to me.

  • L'nya
    Lv 6
    3 weeks ago

    Isaiah 65:17-25;Rev 21:1-5;Matt 24:14;Matt 6:9,10

  • 3 weeks ago

    I would recommend getting a lawyer. For one thing, the person in charge of an estate is not (usually) a "trustee", the proper title is "personal representative" or "executor". For another, it can be dangerous (expensive) to make claims about the character of a person, when all you really need to do is complain about his actions. A good lawyer can guide you through all this stuff.

    A fee of 1% is not large at all ... but if the executor is messing things up really bad, he might lose his rights to that fee. Are you prepared to recommend somebody else? Such as yourself?

    • We each have lawyers, my mother's lawyer of course is representing the trust.  He is the executor.

  • 3 weeks ago

    Go file a motion for an accounting pronto, nobody loses said motions for accounting.  Do it on your own, look it up it's not hard.  BUT make sure you get an accounting from several months before death because trustees start stealing when the decedent is too sick to know.

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