Long Beach, CA asked in Estate Planning, Elder Law and Probate for California

Q: My sister is my mothers conservator and the successor trustee she refuses to provide any type of accounting.

She is selling a house that is willed to me. i know she is steeling assets i have not had an accounting of the trust since she took it over can i do anything i can only afford a few thousand dollars.

I would also like more info so i can do my own will at one time the estate was worth more than $2,000,000. but my sister has openly stated she will change the will and i don,t know she has not already since she is selling my house. do i have any recourse.

2 Lawyer Answers
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in California

A: Your sister cannot change your mother’s will.

If you suspect that your sister is mishandling your mother’s affairs find a trust litigation attorney in your area to talk about filing a petition to have her removed as trustee if you have sufficient proof that she is stealing assets.

Jonathan Purcell
Jonathan Purcell
Answered
  • Estate Planning Lawyer
  • PETALUMA, CA
  • Licensed in California

A: In California, Conservator is required to provide an accounting to the court one year after a Conservator is appointed, and every two years thereafter.

A Conservator may use 'substituted judgement' to change testamentary documents such as wills and trusts, but past donative conduct, as shown by the distribution of property in previous testamentary documents, should be consistent with a new testamentary documents.

As the daughter of the Conservatee, you should receive a notice of each hearing, and any substantial event, such as a sale of real property.

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