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Back up the bus further. Typically, the probate court only gets involved if there are assets (outside of the trust) to distribute. Until the court appoints the executor, there is no executor. Period. Doesn't matter what the Will says. The Will only nominates an executor. If there are no assets outside the trust to distribute, then typically it doesn't go to probate. That is the purpose of the trust.
And you can't go into a home where someone lives and change the locks.
I see you posted some details about the trust. Who is the trustee? That is very important, as that person legally owns the trust until the assets are distributed to the beneficiary.
You can if they are noticed (IIRC its 3 days to quit in CA), then you file a UD w/ the court (or better yet have the sheriffs do it). If there is/was a lease, its another story. Not my area of expertise, but this should have been done months ago, IMO.
My sister left a trust the caregiver was already living in the house and is still there. I am to receive 100% of whatever is in the trust and $2,000 a month until I die.
I could not believe the executor quit and no one is handling my sister's estate. I have no idea who is paying the bills. The caregiver has no income without my sister.
I thought I would be able to walk into my sister's house and go through everything. The caregiver still doesn't want me in the house.
I have been leaving messages at every attorney who may be able to help me. I don't think this is way my sister wanted things.
My sister passed three weeks ago this is moving so fast. Caregiver is still driving the car and it's not in the trust. I would love to see the bank accounts.
You can and should petition the court to be executor yourself. Do you have a copy of the trust? You need to contact an attorney. I don’t understand why you’re having such a hard time getting one to call you back. I asked one question on legal match about estate planning and I’ve had at least 10 attorneys contact me since that time.
Back up the bus further. Typically, the probate court only gets involved if there are assets (outside of the trust) to distribute. Until the probate court appoints the executor, there is no executor. Doesn't matter what the Will says. If there are no assets outside the trust to distribute, then typically it doesn't go to probate. No probate, then no executor. Period. That is the purpose of the trust, to avoid probate and an executor.
Changing the locks makes no sense, and it probably isn't even possible unless you have a key.
I see you posted some details about the trust. Who is the trustee? That is very important, as that person legally owns the trust, and is in complete control. If the car is worth anything, and she didn't specify in the Will or the trust, then it would go to probate. If there are no children or other siblings, then you would get the car. But you would need to hire an attorney to file a petition to open a probate.
She definitely does need to hire an attorney. In the other thread she said her sister left a will. She left the house to her caregiver, who she seemed quite close to. She left her sister (the OP) with a trust and two thousand dollars a month until she died.
You can if they are noticed (IIRC its 3 days to quit in CA), then you file a UD w/ the court (or better yet have the sheriffs do it). If there is/was a lease, its another story. Not my area of expertise, but this should have been done months ago, IMO.
In the will she left the house to her care giver.
Quote:
On March 17 she posted:
My sister's caregiver filed for a restraining order on me for my sister who probably has no more than two months left to live. My sister and I had a falling out last year and my sister has left the caregiver everything she has. I don't care about the material things and I have never abused my sister. I just want to spend time and make amends with my sister.
I spoke to my sister on the phone the other day and she said she wants to see me.
I guess the restraining order has been filed according to the caregiver but they were unable to serve me.
She had evidently had a falling out with her sister the year before.
Quote:
I thought I found an attorney yesterday but have heard nothing from him. I spent all day sending letters, emails and today I have contacted at least 20 offices and no one can help me. I contacted my sister's attorney and all she said was I do not represent the caregiver. I wrote her back and asked if she had a copy of the will and I have been waiting all morning to hear from her.
I'm afraid the caregiver is emptying out the house of what she doesn't want already. She said everything is her's.
I am a nervous wreck right now. The caregiver said she will no longer talk to me to get an attorney. I bet she hasn't even contacted an attorney yet. I bet she doesn't have one.
What a mess. I don't know what to do. Thank God for all of you to help me but I still need advice.
-post from May 2...she did try to hire an attorney then
Quote:
Originally Posted by sunlakes333 I am doing the best I can for the past few months with this. I listen to you, I have people on facebook telling me what to do and my friends are telling me what to do. Like I said I appreciate all of your time invested in this and helping. I have a few roadblocks. I have copd, I am diabetic, I can barely walk the arthritis is so bad in my knees ( I ran my butt off as a letter carrier for 33 years)I live an hour and a half drive to my sister's house, and I have a sister that is calling me a damn liar no matter what I say or do. I am unable to look for a caregiver for my sister. As much as I hate it as long as the damn family gets out of there and the caregiver is there, I can live with it. The truth is I wish I never started all of this. I have my own things to take care of and my poor cat and dog probably want to disown me as a mom. You can call me names and be disappointed in me but I did the best I could do. Damn I'm already 68 years old. Like I said thank you for all of your help but I have to now live with a sister that will have nothing to do with me. I have had enough.
Last edited by Crazee Cat Lady; 05-21-2022 at 01:30 PM..
Yes I have a copy of the trust. [snip] received the property. All the settlor's interest in her tangible personal property together with any insurance on such property. [snip], the trustees shall otherwise disposes of remaining tangible personal property. [snip] receives of the real property. The balance of the trust estate 100% to [snip]. No mention of the car. [snip] will receive $2,000 a month.
Schedule or property.All china, silver, books, pictures, paintings, furniture, clothing, jewerly, personal effects and all similiar items of tangible property at [snip], Claremont.
Real propety known as [snip], Claremont
Bank of America checking account
Lincoln Mutual account number
I’m confused, are you [name deleted], and the caregiver is [name deleted]? Also, where is the $2000 a month coming from, if you’re getting 100% of everything in the trust? Who is in charge of the trust? Is it the same person that she named as executor and who later refused to do it?
By the way, have you contacted the lawyer who drew up the trust? He is the one you should be speaking to because he knows your sister and worked with her to establish the trust and knows what she wanted. His name should be on the document.
Last edited by PJSaturn; 05-21-2022 at 01:46 PM..
Reason: Deleted identifying info.
You can if they are noticed (IIRC its 3 days to quit in CA), then you file a UD w/ the court (or better yet have the sheriffs do it).
No way. The probate court doesn't do anything until there IS a probate. And they certainly are not going to put the caregiver and her family out on the street.
You can if they are noticed (IIRC its 3 days to quit in CA), then you file a UD w/ the court (or better yet have the sheriffs do it). If there is/was a lease, its another story. Not my area of expertise, but this should have been done months ago, IMO.
The sister left the property to the caregiver, so I think
That complicates matters I would think. Legally I don’t know if sister has more right to change locks than caregiver. Caregiver is living there and had been for a long time. I would think sister would have to go through an eviction process not just go change the locks when caregiver isn’t home, but I don’t even think that would be possible because the sister left the property to the caregiver. Again this is why OP should be contacting an attorney, hopefully the one who drew up the will and trust.
Because the OP of these multiple threads about the same topic is incapable or unwilling to show anyone the actual trust she keeps claiming exists, this discussion is no longer helpful. Posting anyone's personal details or location is not appropriate either. I don't think we're hearing all the facts, just what favors the OP's beliefs. The OP must find and follow the advice of an attorney who has the trust document in hand. Until she does, nothing very actionable is going to happen. This is why I feel this thread, just like the previous ones, should be closed so the OP can re-focus her attention on what she can actually accomplish, not wishful thinking.
Last edited by Parnassia; 05-21-2022 at 01:26 PM..
I don't know why the thread was closed but this is what is going on.
?
On May 7th you posted
Quote:
Thank you. I am done here.
She probably thought you had left the thread, and it was getting a little bit contentious there.
You said you were done, when you didn't like some of the responses.
In that case..... that is a horse of a different color.
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