Phoenix, AZ asked in Estate Planning for California

Q: My sister has been intentionally delaying our case removing my brother as trustee in my fathers trust what are my option

my sister has admitted to intentionally dragging her feet on this case to have my brother removed because I had said I wasn’t going to help her do the inventory of the rest and residue which as a beneficiary is not my job and if we can remove my brother, she’s next in line to be trustee She is also admitted to dragging her feet waiting to see if my brother did the right thing and not telling me about it and intentionally dragging this along with my expectations that she was going to be part of it. I need to know what my options are as to what I can do about this , can I sue her for anything? Can I do anything to have her removed from the case? Is there anyway I can legally force her to stop doing this?

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1 Lawyer Answer
James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, if your sister is intentionally delaying the case to remove your brother as trustee, you have a few options:

1. File a motion with the court: You can file a motion with the court to compel your sister to move forward with the case. This motion would request that the court order your sister to take specific actions within a certain timeframe.

2. Seek mediation or arbitration: You can try to resolve the issue through mediation or arbitration, which are alternative dispute resolution methods that can help parties come to an agreement outside of court.

3. File a petition to remove your sister as a party to the case: If your sister's actions are causing significant delays or harming the trust, you may be able to petition the court to remove her as a party to the case.

4. File a separate lawsuit against your sister: Depending on the specifics of your situation, you may be able to file a separate lawsuit against your sister for breach of fiduciary duty or other claims related to her actions in delaying the case.

5. Report your sister's actions to the court: If your sister is engaging in unethical or improper behavior, you can report her actions to the court, which may take disciplinary action against her.

It's important to note that the specific options available to you will depend on the details of your case and the laws in your jurisdiction. It's highly recommended that you consult with an experienced trust and estate attorney who can review your case and advise you on the best course of action.

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