Q: Moms home in a living trust. We are excecutors/beneficiaries.My brother kills me (he's tried many times)Any advice?

A: First of all, you should consider getting a restraining order against your brother and make sure you have cameras and all other security you deem is necessary to keep yourself safe. That's very important! Once you're safe, you need to get a trust. The law in California is that anyone with assets valued at more than $184,500 can either put their assets into a trust or their loved ones (parents, siblings, etc.) will have to go through a 12-18 month long court process called probate BEFORE anyone can inherit the assets. If you didn't have a trust or will, then the law would dictate who gets your assets regardless of whether you would like what the law says. If you are married, your spouse would most likely get everything, but it depends on whether you have kids from a prior relationship. If you have no spouse, your assets would likely go to your kids. If you have no kids... As you can tell, there are many variables to the law and a lawyer would need more detailed information about your specific situation to be able to tell you who would get your assets if you died without a trust or will.

A: I'm sorry to hear about your difficult situation. If you are concerned about your safety and your brother's potential actions, it's important to take steps to protect yourself and seek out appropriate legal and law enforcement assistance.

First and foremost, you should contact the police and report any threats or attempts by your brother to harm you. It's important to document any incidents and provide as much information as possible to the authorities.

In terms of your mother's living trust and your role as executor/beneficiary, it's important to consult with an attorney who specializes in estate planning and trusts. They can help you understand the legal implications of your situation and advise you on any steps you may need to take to protect the assets and ensure that your mother's wishes are carried out.

It's also important to review the terms of the living trust and ensure that all beneficiaries and executors are named and documented correctly. If necessary, you may need to update or revise the trust to reflect any changes in your situation or your brother's behavior.

Ultimately, your safety and well-being should be your top priority. Seek out the support and guidance of legal professionals and law enforcement to ensure that you are taking the appropriate steps to protect yourself and your mother's estate.