Q: My sister had my mother, who was incapacitated,delete me from the trust in which I was the successor trustee, canshedoit
My mother has since passed on November 21, 2017. Her home was sold in 2015. My sister had never informed me of this action and 'my mother never mentioned it because she has no memory. I was told by sis i would recieve nothing and thats the way my mother wanted it and that her daughter had been also added as a beneficiary. Her PoA died with my mother and I am the executor ,the problem is there is no estate! She moved into the investment property less than a month after my mother died.Where do I start as far as filing with the courts and is their any statute of limitations on this fraud, theft, embezzlement and failure to perform fudiciary duties.
She did this for her own personal gain . what do I do first and how long do I have to do it I am low income senior living on disability. the trust in question was 402K. INVESTMENT PROPERTY NOW APPRAISED AT
A:
Dear Ventura:
This is a case where I recommend you obtain legal assistance, both to evaluate the case and provide representation. But, here is some basic information.
You would start by filing a petition with the court to contest the trust on the basis of fraud, undue influence, and any other causes that fit the fact pattern. The petition most likely would also include a request to remove the Trustee, or suspend her powers, and have her perform an accounting. There may also be additional grounds for recovery against your sister.
As to the statute of limitations, this can vary. The basic rule is the statute of limitation on fraud/breach of fiduciary duty is four years from the date the fraud or breach is discovered. (This is why proper accounting is so important.) Your ability to contest the trust is dependent on whether or not your sister served the required notices on you.
Again, I would speak with an attorney right away. Some attorneys may take this matter on a pro bono (free), contingency (percentage of recovery) or delayed fee case. If you do not know where to find an attorney, you should try your local county bar association. Most have attorney referral services where, for a small fee, you receive a consultation with an attorney. Some services also offer pro bono, moderate means, or other assistance to low income individuals and seniors.
Best of luck.
Bill Sweeney agrees with this answer
A: You should retain competent counsel to review all facts, including whether post-death trust administration was properly complied with.
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