Inheritance Dispute Over Trust

Summary

Amy, a California resident, is in a dispute over her late fathers trust. Her father left all his property and funds to her brother, who is not his biological son. Amy suspects her brother manipulated their father into leaving him everything. She has been living in the house and paying rent to her brother. She also claims that her uncle, who was in charge of their fathers account, gave all the money from the house sale to her brother. Amy is seeking advice on her rights and possible legal actions.

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So before my dad passed away he made a trust and left everything to my brother, which wasnt his real son by blood including the house which still had a mortgage. My dad and my brother told me that the house was only being left to him because he is older and it was easier but he was supposed to take care of me and make sure that I had a roof over my head. My brother doesn't live in the house with me and I pay him rent which covers about */* of the mortgage payment. Is it legal for him to kick me out?
Did your father leave any written agreement about your brother's responsibility to provide you with housing?
No only verbal
What state are you located in? Laws regarding verbal agreements and trusts vary by location.
California
What is the exact wording of the trust regarding the house? In California, verbal agreements can be hard to enforce legally.
They transfered ownership before he died
What was the nature of the ownership transfer? Was it a gift or a sale? In California, the transfer of real property should be documented in writing.
Sale
In California, if the property was sold to your brother, he has the legal right to decide who lives there. However, tenant rights may apply if you've been paying rent.
Also, my dad had $*,* in his account because of a check he got from the mortgage company from the house sale. My uncle was in charge of that money and he was supposed to split it between me and my brother but he gave it all to my brother. My brother said it was his because of he had to pay it back at the end of the mortgage. Is that right?
Was there a written agreement about the division of the $*,* from the house sale?
No the check was in my dads name and it came after he passed. My uncle had control of the account so he deposited it and held it till after he wasbable to file my dads taxes.
Did your father's will or trust specify how the remaining funds in his account should be distributed after his death?
Im not sure and i dont have a copy of the trust
Do you know who the trustee is? They should have a copy of the trust and are legally obligated to provide you with one upon request.
My uncle
What is your uncle's contact information? In California, trustees are legally obligated to provide beneficiaries with a copy of the trust upon request.
Can i get a copy from the attorney who drew it up?
Yes, you can request a copy of the trust from the attorney who drafted it. They are obligated to provide it if you are a named beneficiary.
Ok thank you
You're welcome, ****. If you need further assistance, feel free to ask.
Ok
Have you tried contacting the attorney who drafted the trust?
General Information:
- In California, beneficiaries have the right to request a copy of the trust.
- Contact the attorney who drafted the trust to request a copy.
This is on the same trust topic. I am just now figuring out that my brother had planned to get the house before. It was even his because he was saving evidence against me. I believe that he convinced or manipulated my dad into leaving him the house. A few months before my dad died. My dad and my brother had talked to and attorney to draw up the trust. He got to talk to the attorney but I never did. And the house got left to him but I am my dad's only child by blood. Even though it has ben * and a half years, can i do anything about him getting the house that i have lived in for the past ten years with my father, while he was still alive. Due to the fact that i feel the attorney didnt draw up the trust fairly and my brothers manipulation?
Did your father leave a will or was the house specifically mentioned in the trust? This information can help determine your legal options.
I believe it was mentioned in the trust but the Mortgage was transferred to my brother before my dad died
What state are you currently residing in? This will help me provide you with the most accurate information regarding trust and estate laws.
California
What evidence do you have to support your claim that your brother manipulated your father into leaving him the house?
Well, I don't really have.physical evidence besides text messages from my brother showing me things that he had saved from before my dad diedand before the house was his. But what he showed me in the message, was messages between me and someone i know that he didnt know. The only reason i can think of as to why he would have or care about that was because he had this planned to get my house and leave me with nothing
Did your father have any mental health issues or was he under any undue influence when the trust was created? In California, you can challenge a trust if you believe it was created under duress, fraud, or undue influence.
The trust was created a few months before he died. I lived with him for 8 years before he died. My brother never lived in this house. I was going through problems with my at the time boyfriend, who i had to get a restraining order against. Anyway, he was causing alot of drama for me and i did not want my sick and dying father to have to see or hear or deal with any of the drama my exboyfriend caused so i would leave my house. I believe that my brother influence him and the attorney did not care about it because my brother is the one That paid for her services. My father didn't have a wheel or anything drawn up. About about how his things were gonna be divided. After he passed until a few months before he died. He was already. Sick and weak and didn't want to deal with drama And stress. Him and my brother told me that it was easier for my father. Just to leave everything to my brother. And my brother was supposed to take care of me. That was a promise from both of them because my dad was Dick and didn't want to do. Divide everything up and all the stress that goes along with that. And the money that paid the attorney to draw those papers came out of my brother's pocket, so she didn't question the fact that he Only had one biological child, which is me. And I went to the first appointment. The first Meeting with the attorney, but she never wanted to talk to me. She only talked to my brother and my father. So legally, she should have talked to me
Did the attorney ever provide you with a copy of the trust? In California, trust beneficiaries are entitled to a copy of the trust.
No she did not I just asked her for a Copy today, but her office was closed.
What was the response of the attorney when you asked for a copy of the trust?

In California, as a beneficiary, you have the right to:
- Request and receive a copy of the trust.
- Challenge the trust if you suspect undue influence or fraud.
I haven't received a response because I only asked today and her office was closed
What is the name of the attorney who drafted the trust? This will help in contacting them for a copy of the trust. In California, beneficiaries have a right to a copy of the trust.
Sydney alegre in tracy california
What is the nature of the text messages that your brother showed you?
It's a picture of messages between me and someone. My brother doesn't know that was on my phone. About this person. Saying they're gonna come to my house and embarrass me because She was the cousin of my ex-boyfriend that was causing me problems. Can you push the button again, please? Which was sent to my phone A month or two before the first appointment with the attorney to draw up the trust
Do you have any witnesses who can testify to your brother's manipulation or your father's state of mind when the trust was created?
No
What is the current status of the house? Is it still under mortgage or has it been fully paid off?
It's still Under mortgage
Do you have any idea about the remaining amount on the mortgage?
About a hundred and fifty thousand dollars
Do you have any financial means to pay off the remaining mortgage if the house is transferred to you?
I only have about ten thousand dollars saved
Are you currently employed or have any other source of income to manage the mortgage payments if the house is transferred to you?
I am currently employed
What is your monthly income? This information can help determine if you can afford the mortgage payments if the house is transferred to you.
I have two jobs normally but right on leave from one job For about three more weeks Because I just had surgery so right now. I think I get about * a month. But but when I go back to my other job again? I'll probably get about * a month.
Are you facing any legal issues related to your employment or income during your leave or upon your return to work?
No
That's great to hear, ****. If you have any other legal concerns or questions in the future, don't hesitate to reach out. We're here to help.
How long does an attorney in california have to keep a trust that they drew ip for a client?
In California, an attorney is generally required to keep a client's trust documents for 5 years after the attorney-client relationship ends.
Can an attorney get rid of trust documents after *.5 years
In California, the attorney should keep trust documents for 5 years after the attorney-client relationship ends. Disposing them after *.5 years may not comply with state rules.