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What do we do now?
My parents have a Trust. They both died 4 months ago, 25 days apart. Shortly before they died, they chose an attorney to administer their Trust. One of my siblings called the attorney and was verbally abusive. The attorney quit. Now the estate has no executor. This sibling hired her own attorney for what, we do not know. My remaining sibling and myself are at a loss of what to do now. On a side note, my parents passed prior to being able to complete putting all of their assets in the Trust. The attorney was working on a motion that would place all of their assets in the Trust once he was able to determine what all their assets were. So, now no one is working on placing those items in the Trust and no one is working on the estate at all.
Asked on February 6, 2019 under Estate Planning, California
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 2 years ago | Contributor
You understand what needs to be done and what may happen. You need to bring a legal action (how it is brought, whether by complaint or by motion, depends on what, if anything, has already been initiated in court) and have a new fiduciary appointed. If all three of you concurred about who to appoint, the court would almost certainly appoint that person. With disagreement, while the judge will hear everyone's positions, ultimately, the judge will decide who to appoint to the role. All you can do is retain an attorney to work through the process and represent your interests.
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