What do we do now?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What do we do now?
My parents have a Trust. They both died 4 months ago, 25 days apart. Shortly before they died, they chose an attorney to administer their Trust. One of my siblings called the attorney and was verbally abusive. The attorney quit. Now the estate has no executor. This sibling hired her own attorney for what, we do not know. My remaining sibling and myself are at a loss of what to do now. On a side note, my parents passed prior to being able to complete putting all of their assets in the Trust. The attorney was working on a motion that would place all of their assets in the Trust once he was able to determine what all their assets were. So, now no one is working on placing those items in the Trust and no one is working on the estate at all.
Asked on February 6, 2019 under Estate Planning, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You understand what needs to be done and what may happen. You need to bring a legal action (how it is brought, whether by complaint or by motion, depends on what, if anything, has already been initiated in court) and have a new fiduciary appointed. If all three of you concurred about who to appoint, the court would almost certainly appoint that person. With disagreement, while the judge will hear everyone's positions, ultimately, the judge will decide who to appoint to the role. All you can do is retain an attorney to work through the process and represent your interests.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.