What to do if I was included in my mom’s living Trust as a co-executor but my sister (the executor) keeps living me out of important family meetings?

She also left me out of the final payment of my mom’s 401 K. Is there anything that can be done or I should do to stop this from happening?

Asked on September 9, 2014 under Estate Planning, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Ok I am confused.  Are you co-trustees of the Trust or co-executors under the Will?  And is your Mom still alive (because disbursement of a 401K seems to indicate that she has passed). If you believe that your sister is breaching her fiduciary duty - in which ever capacity it is - then you need to seek help to have her removed and to account for her actions. I think that you should consult with a lawyer.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.