Trustee never put 1/2 of the million estate Into a Trust for the beneficiaries, no accounting info.Time limit to sue?

Question

I made my brother the trustee of our grandmothers million dollar estate. Ya screwed the whole family, stated he got greedy. My grandmother & I were very close, statements made by both my mom & grandmother they were scared of him as I was. Threatening kind of guy, in your face. Family drama etc.thought he’d realize his errors but never did  
A trust was to be set up for the beneficiaries 1/2 of estate millions. Turned over to him when our mother passes ..she passed March 7 2019.. She was my best friend he did everything he could to break us apart & kinda succeeded.  
I have Severe PTSD & very sad, so it’s difficult for me to follow through with things, I still feel as if my mom just Died yesterday 
I strongly believethe trust was never set up, asked 2019 to see themhas none .No beneficiary received from the trust, except his family. 
I should of contested when my grandmother passed years ago .He knew I’d win hands down. He doesn’t want to see a judge nor have this case public.TOO LATE??

Chris M. Bradford · Answer

You posted this a month ago.  Have you had this question answered?  It is unclear from your statement whether a trust was actually signed by your grandmother or not.  You say in the beginning: "I made my brother the trustee."  That sounds like you created a trust.  Did you sign one?  You stated your mother passed away March 7, 2019.  Did she sign a trust document?  If there is no trust document ever signed, then there is no trust.  If there is no trust document, you can't sue your brother for not following the trust. 
 
However, there is still the possibility of filing a probate for either your grandmother's estate or your mother's estate. 
 
A probate can be filed with or without a will.  The purpose of a probate is to pay the bills of the person who died, collect the assets of the person who died, and then distribute them to either the persons named in the will, or if there is no will, to the natural heirs of the person who died.  Sounds like you would be one of the natural heirs of your grandmother and of your mother.  If the assets of the person who died have been taken all by one person, i.e. your brother, you can ask the probate judge to order the assets returned so that they can be divided up properly.    
 
So what you need is more specific advice on whether a probate would be worthwhile or not.  You need direct advice from a probate attorney.  The probate needs to be filed in the county where the person died, either your grandmother or your mother.  You also have to figure out if your brother has any of the money left or has bought something with the money, like real estate, to make filing the probate worthwhile.  One good thing about filing a probate is that if a probate attorney takes your case the probate attorney gets paid at the end, not in the beginning, from the assets in the probate and the attorneys fees must be approved by the judge.  This means you have to pay the initial filing fee, $435 in most counties in California.  You will also have to pay bond (insurance), and a fee to have the probate filing published in a local newspaper.  Your probate attorney will explain all this to you. 
The sooner you get this started, the better.  Don't wait any  longer.  I recommend talk to at least three (3) probate attorneys before you make up your mind on which attorney to take.  Don't give up until at least three attorneys have said you have no case.  If your brother has not blown all the money, you probably do have a case.

Q: Trustee never put 1/2 of the million estate Into a Trust for the beneficiaries, no accounting info.Time limit to sue?