ca laws on trusts
My brother is the executor, changed trust to his benefit and tolk over the family home while mom was still alive. His paralegal forged my fathers signatutre to a durable power of attorney while he was incapacitated.Stating that he had gotten pretty good at it! Now my folks are gone and he is taking his time with the estate–how long does he have—I feel he is doing all kinds of wrong here. what can I do??
Re: ca laws on trusts
A trust and an estate as part of a Will are two separate entities. A trust lasts as long as it states it will, unless you can find some way to dissolve it. Probating an estate has no time limit on when it must be done, although there are limits within it such as filing a death tax return, etc. It would be illegal for him to change the Trust in a way not allowed by the language of the Trust; it would be a breach of his duty to change it for his own benefit. If he is doing any of this as an attorney, you might be able to complain to the State Bar, but they are not very good at taking action. You need to get a copy of the Wills and Trust documents, confer with your other siblings if you have any, write down what you think your brother has done wrong, and ask him to explain. If he will not or can not, and your portion of the estate is significant, you probably need to go to an attorney who handles estate litigation [not just drawing up estates]. Good luck.
George Shers
Law Offices of Georges H. Shers
4170 Glenwood Terrace, Suite #1
Union City, CA 94587