The trustee died two weeks before my dad what do i need to do now

My sister was the executor of our
families estates which include three
homes in calif , unfprtunately she
passed away two weeks before my dad ,
now the only beneficiaries is my twin
brother and i. Which my brothers health
is bad. What do i need to do now?

Asked on March 19, 2017 under Estate Planning, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You need someone appointed by the court to be trustee and/or executor (your question references both). You can bring a legal action in chancery court (a part or division of county court) for the court to appoint a new trustee or executor. It can be applied for on an "emergent" (think: "urgent" or "emergency") basis to get into court and get an appointment faster. It can be procedurally complex to do this, so you are advised to retain a trusts and estates attorney to help you. You can ask that you be appointed; once you are, you can control the estate and/or trust, make necessary payments or distributions, and also pursue legal action against the neice who stole.

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