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FrustratedInCA
Sep 19, 2012, 09:23 AM
My Grandfather Died in August of 2009. He left a will stating my sister and I are to get specific amounts and the remaining are to go to his two children. After my grandfathers death, everything was to be moved to a trust. After 3 years, my grandfathers Lawyer who is in charge of the trust makes excuses on why he can't pay us. On the other hand, he has both of my Grandfathers children living on 2 of my grandfathers properties in expensive neighborhoods in California. The Daughter lives in the cottage of one house While her friend lives rent free in the main house (He told me the lady lives rent free). The other child lives in the other house, never has worked and has mental issues due to long term drug use. That child is being taken care of by the Attorney.

Per the trust agreement, After my sister and I are to receive the money, the rest is to be split between the two kids. My guess with where the properties are located in California, and the size of the properties, the estate is worth several millions. My grandfather also had several bank accounts and a safe deposit box.

Not to sound greedy, I have been very patient. But, due to being laid off I have debt collectors after me and a large student loan balance. Because of this my credit is not as good and it is hard for me to get a job or even getting my name put on a lase. I am to receive less than 60k but, it would be enough to pay my debt off so I can start over.

I don't have money to hire a lawyer and a car on its last leg that I can't afford to get fixed.

This is in California

aliseaodo
Sep 19, 2012, 09:40 AM
I'm assuming 'your grandfathers children' is one of your parents or aunt or uncle... why don't you contact one of them to see what's going on?

FrustratedInCA
Sep 19, 2012, 10:05 AM
They both have issues. There is no contact between us. Plus they are fighting each other because each feels they deserve all. Plus, one of the bank accounts that had the money to pay us was taken by one of my grandfathers children and the court upheld it. The only way for us to get the inheritance is through the attorney. The "Parent" would prefer not to have any contact with us.

JudyKayTee
Sep 19, 2012, 10:40 AM
They both have issues. There is no contact between us. Plus they are fighting each other because each feels they deserve all. Plus, one of the bank accounts that had the money to pay us was taken by one of my grandfathers children and the court upheld it. the only way for us to get the inheritance is through the attorney. The "Parent" would prefer not to have any contact with us.


Personal issues and frustrations apart this would be a ton easier to understand if you used phrases like "mother," "father," "uncle," "aunt."

Go to the Court that handles these matters and ask to see an accounting.

This whole "Grandfather's children" because you don't think "they" are worthy of being called mother, father, aunt, uncle when you are on a legal board is nothing but confusing and makes this sound like some sort of revenge.

I can only imagine what the Attorney thinks when you call using this language.

Anyway, my advice remains the same - go to the Court that probated the Will and see what is going on. The line about "Plus, one of the bank accounts that had the money to pay us was taken by one of my grandfathers children and the court upheld it ..." makes me wonder about the situation.

As I said - one thing if a parent takes "your" money; another if it's an aunt or uncle. You really need to get past your "don't call them by name" issues if you want legal advice.

AK lawyer
Sep 19, 2012, 11:17 AM
... After 3 years, my grandfathers Lawyer who is in charge of the trust makes excuses on why he can't pay us. ...


Such excuses may possibly be valid. What are they?


...
I don't have money to hire a lawyer and a car on its last leg that I can't afford to get fixed. ...

If you are unable to get an accounting, or to make sense of it, I would guess that you can easily find an attorney who would be happy to look into the matter on a contingent fee basis.

joypulv
Sep 19, 2012, 11:36 AM
You don't say if probate is final or not... is that the excuse you were given?

FrustratedInCA
Sep 19, 2012, 11:56 AM
I apologize for the language in my original post. My family dynamics are confusing and complex and I don't have a relationship with my biological mother since she split when I was young and I have another woman who I consider my mom.

As for the excuse, he says he needs to sell the house. He said in February, that he is putting it on the market. As of today, it still is not on the Market. I know the housing market isn't great, but, in the areas the houses are in, the market is good and houses sell relatively quickly.

I contact the attorney twice a year by letter and he then calls back and says the same thing or states that my uncle (Who I don't really know) and my biological mom are stopping everything. When I looked up court documents today, it lists only the my uncle and biological mom as the beneficiaries in all court cases. But, according to the trust agreement and will, my sister and I are in there. I have copies of all documents.

I just want to be debt free and move on with my life. Find a job, and hopefully start a family after my debt is paid off.

joypulv
Sep 19, 2012, 01:01 PM
So probate isn't final because of disputes? The court will ask if any houses will be sold before or after the final accounting, regardless. If he said before, the court will wait (he can change it to after if he wants.. ). If there are disputes/lawsuits, it can drag on for years.
It sounds like this could be a situation that is partly suits and partly the lawyer just doesn't want to disburse any funds until it's final, even though he can give out small portions relative to the whole, with some effort. But his hands might be tied by legal wrangling if bio mom and uncle have lawyers!
Aren't there any relatives who you are on good terms with, and find out what's going on?

FrustratedInCA
Sep 19, 2012, 02:06 PM
Thank you for that answer. That could be it. I know they both have lawyers. The only relatives left on that side of the family are those two and they don't have relationships with anyone, not even each other. I guess, I will just send him another certified letter to see what is going on.

Thank you again.

JudyKayTee
Sep 19, 2012, 02:33 PM
I apologize for the language in my original post. My family dynamics are confusing and complex and I don't have a relationship with my biological mother since she split when I was young and I have another woman who I consider my mom.

as for the excuse, he says he needs to sell the house. He said in February, that he is putting it on the market. As of today, it still is not on the Market. I know the housing market isn't great, but, in the areas the houses are in, the market is good and houses sell relatively quickly.

I contact the attorney twice a year by letter and he then calls back and says the same thing or states that my uncle (Who I don't really know) and my biological mom are stopping everything. When I looked up court documents today, it lists only the my uncle and biological mom as the beneficiaries in all court cases. But, according to the trust agreement and will, my sister and I are in there. I have copies of all documents.

I just want to be debt free and move on with my life. Find a job, and hopefully start a family after my debt is paid off.


The Court papers and Will should be identical. The Will has to be admitted to probate. Are you positive it wasn't a trust which was discontinued, expired, had no funding? Are you positive you are looking at the last Will or minimally the Will that was admitted to probate?

That part of this isn't right - I would be concerned.