distribution of living trust assets

[zzzyzzyzch]

my sister and i are only beneficiaries to parents living trust. she is trustee. surviving spouse died march 1, 2006. trust assets at that time were two bank accounts (totaling about $200,000) and a residence in west covina, ca (worth $500,000+). sister refuses to make any distribution and rented the house to her sister-in-law. what can i do? i am homeless and live on the streets and have no resources other than the promise of my share of the trust. can anyone help me?

 

[muggsyj]

????????

This is not legal advice!

You quote "i am homeless and live on the streets and have no resources other than the promise of my share of the trust. can anyone help me?"

I never knew the homeless had the internet, there something i have discovered. You should seek legal advice from a local attorney.

 

[zzzyzzyzch]

probably just about every public library in the country has computers which are connected to the internet and are free for everyone to use. as for contacting a local attorney, all that i have sought out seem to want money up front.

 

[Michael_Pancher]

I never knew the homeless had the internet, there something i have discovered. You should seek legal advice from a local attorney.

What's the value of this forum if people like zzzyzzyzch ask a legitimate question, only to have people like muggsyj post such an insensitive, uncaring response? If the only advice that muggsyi - or anyone else - can provide on this forum is to "seek advice from a local attorney," then I'll go somewhere else to find advice. As far as I'm concerned, you might as well just have an automated response saying, "Whatever your concern may be, contact a local attorney." In fact, there just doesn't seem to be much justification for this forum.

 

[Michael Wechsler]

What's the value of this forum if people like zzzyzzyzch ask a legitimate question, only to have people like muggsyj post such an insensitive, uncaring response? If the only advice that muggsyi - or anyone else - can provide on this forum is to "seek advice from a local attorney," then I'll go somewhere else to find advice. As far as I'm concerned, you might as well just have an automated response saying, "Whatever your concern may be, contact a local attorney." In fact, there just doesn't seem to be much justification for this forum.

I'm wondering what the value is of coming here and making just one single post to say that participating doesn't seem worthwhile! If you go to medical forums and you say "I think I have a broken leg", do you think "go to a doctor, get an x-ray and have the doc read the results" is an inappropriate answer? Fact is that in some cases going to a local attorney IS the best answer as it is in this case.

In this instance, if this person is indigent (I am sorry to hear) but has about $350K coming to him then there WILL be a reasonably good possibility that an attorney may take this case on contingency or some other arrangement. If this individual wants to do this himself - without many of the resources it seems are available to many people easily - then the best solution IS to seek an attorney who may get this person some return rather than nothing and continuously being thwarted by the sister. In addition, this may not be such a simple "do-it-yourself" case.

 

[Michael_Pancher]

As an administrator of this forum, you (thelawprofessor) provided the type of response that should have been provided in the first place by muggsyj.

Of course, zzzyzzyzch should seek local counsel, but that's not the issue. The issue is muggsyj's attitude and insensitivity to an individual who - I would guess - has a problem that is important enough to that person to seek some form of advice from your forum. You solicite those types of requests from individuals, so why do you then allow individuals such as muggsyj to post such rude and insensitive responses?

Although you (thelawprofessor) did provide a softer response to zzzyzzyzch's problem, your first response was to attack me.

I'm wondering what the value is of coming here and making just one single post to say that participating doesn't seem worthwhile!

The value is that, if my post makes you people aware of how you're coming across in this forum, then perhaps you will change your attitude toward people with real problems and real concerns. You referenced a patient with a broken leg being told to see a doctor. It's not the advice I'm concerned with, its the bedside manner!

If my point is valid, does it make a difference whether this is my first post or not?

 

[seniorjudge]

my sister and i are only beneficiaries to parents living trust. she is trustee. surviving spouse died march 1, 2006. trust assets at that time were two bank accounts (totaling about $200,000) and a residence in west covina, ca (worth $500,000+). sister refuses to make any distribution and rented the house to her sister-in-law. what can i do? i am homeless and live on the streets and have no resources other than the promise of my share of the trust. can anyone help me?

Do you have a copy of the trust?

 

[zzzyzzyzch]

yes, i do have a copy of the trust. it requires the payment of the settlors' debts, then specifies that the trust assets are to be evenly split between my sister and myself. according to my sister all of the debts were paid some six months ago. she wants to buy the house and wants me to tell her how much I want for my share without telling me what the actual value of the house is. that is the current situation.

 

[muggsyj]

This is not Legal Advice!



As for the comment about me being insensitive, I was more intrigued. The port of call to seek legal advice is in this case is most evident as to the fact we are all working from hear say. Please do not think my comments were detrimental in anyway because they are not and due to the fact I do not need to answer to anyone as this is an open forum, please take that as gospel.

Now back to the question.

"Yes, I do have a copy of the trust. It requires the payment of the settlers' debts, and then specifies that the trust assets are to be evenly split between my sister and myself. According to my sister all of the debts were paid some six months ago. She wants to buy the house and wants me to tell her how much I want for my share without telling me what the actual value of the house is. That is the current situation."

If you are considering selling your half of the house to her, then the easiest way is to get some kind of guide of what property in the said area is fetching is the internet. A good place to start here is sites Like www.forsalebyowner.com and www.remax.com

If you are not ready to sell you half look at the UNDERLINING facts.

Take care

Mark

 

[seniorjudge]

yes, i do have a copy of the trust. it requires the payment of the settlors' debts, then specifies that the trust assets are to be evenly split between my sister and myself. according to my sister all of the debts were paid some six months ago. she wants to buy the house and wants me to tell her how much I want for my share without telling me what the actual value of the house is. that is the current situation.

Contact the state bar and ask them if they provide mediation services.

 

[dmtrust]

What's the value of this forum if people like zzzyzzyzch ask a legitimate question, only to have people like muggsyj post such an insensitive, uncaring response? If the only advice that muggsyi - or anyone else - can provide on this forum is to "seek advice from a local attorney," then I'll go somewhere else to find advice. As far as I'm concerned, you might as well just have an automated response saying, "Whatever your concern may be, contact a local attorney." In fact, there just doesn't seem to be much justification for this forum.

thank you for posting my thots too!

 

[eagle20]

Dear zzzzzyccch: Try establishing a positive relationship with your sister -- have her show you documents regarding the sale of the house (you can find out on the internet if the city government where you live posts this information -- it's usually way in the future after the actual sale, though) -- so, once again, get on friendly terms with her and stay friendly for the rest of your life. If she refuses, get a professional -- lawyer, mediator -- to compel her to abide by the law and she will.