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

UPDATED: Sep 30, 2022

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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 5 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.

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 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.

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