My Niece Is Having Issues With Her Parent's Estate

[FancyForrester]

The usual complaint is a lack of facts and here we have all these fact put out. The problem it twofold. One, many of these "facts" are mere suppositions. Two, we don't have any of the important facts. The end result is niece should see an attorney. Once everything is laid out and documented (one thing the attorney will do is get a real accounting of the trust), then next steps can be considered.

Thinking and supposing is just going to make what is probably a very simple thing into something far more complicated then it needs to be. See a professional who can cut through the rubbish and emotion.

I don't know what part of the information I've given is supposition...but ok..

I've already told her to go see an attorney, I just thought I'd see if any useful bits of information came up on here that I could pass along to her before her consultation.

 

[FancyForrester]

Please separate the estate & trust. If no property is to be probated, there will be no estate to abide by probate code. Thus, the only way final debts can be taken care of is via the terms of the trust. The trustee has a legal obligation to follow those terms. Not following the terms of the trust is cause for legal action against the trustee, including removing the trustee. I don't remember if CA probate code had trust info in it. Typically, probate code does include trusts.

You're welcome.

I use the terms interchangeably, my mistake. Already told her to review what the trust specifies.