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Old 01-21-2007, 08:06 PM
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Join Date: Oct 2006
Location: Chico, California
Posts: 10
Default can someone file a restraining order "just because"?

Hi - My father has been deceased for almost 25 years. I am going to be 44 years old this Wednesday. I have been under the impression my mother was the sole beneficiary of my trust from my dad until her death. I recently read my dad's trust, and it says the entire trust should have gone to me at age thirty. My mom has her own trust/living will, and does not rely on my dad's for anything. My mom has, from time to time, helped me out financially, but my half sister, already having inherited two and a half million from the death of her father, doesn't want my mom helping me any more, and says she is getting a restraining order to stop me from "upsetting" my mom. My mom has helped on real estate purchases and small gifting for thirty eight years of my life, and now, when it's critical, said yes, then no, causing me to lose a huge amount of money with foreclosure proceedings beginning on my home because of it. I have worked full time my entire life and have three children. My work involves a clean background check. Is it legal for my sister to obtain a restraining order when I've never threatened my mom?
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Old 01-21-2007, 08:54 PM
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Join Date: Jan 2007
Posts: 84
Default

You really have two issues here.

First:
Quote:
Originally Posted by jennydan
I have been under the impression my mother was the sole beneficiary of my trust from my dad until her death. I recently read my dad's trust, and it says the entire trust should have gone to me at age thirty.
What does your mother say about this? Is she the trustee? The trustee has a fiduciary duty to manage the trust for the purpose for which it was designed. It sounds like the trustee breached her duties. You should see an attorney about this immediately.


Second:
Quote:
Originally Posted by jennydan
My mom has, from time to time, helped me out financially, but my half sister, already having inherited two and a half million from the death of her father, doesn't want my mom helping me any more, and says she is getting a restraining order to stop me from "upsetting" my mom. Is it legal for my sister to obtain a restraining order when I've never threatened my mom?
Your mother would have to be the one asking for the restraining order, unless she lacks capacity and your half-sister is her legal guardian.
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Old 01-25-2007, 12:11 AM
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Join Date: Oct 2006
Location: Chico, California
Posts: 10
Default restraining order

Thank you so much for your response - I'm sorry it took awhile for me to find it, I need to re-filter my mail system because it ended up in junk/bulk mail. I fixed it because I have a feeling I will want to talk more about these issues. I really do appreciate this service because it seems some issues can be solved almost completely before attorney's deserved-but-steep fees start accruing!!! My mom is "supposedly" the beneficiary of this trust while she is alive, but I have a copy of the trust and I don't see that anywhere. It looks like a standard generation-skipping trust, and I am the only child of my father, who has been dead since 1982. I am now 44 years old. The other issue concerns my mother's trust, or living will, I'm not sure what it is now. I do know that from 1982 until 2000 it was set up as a generation-skip from me to my son, just like my dad's to me. I have two half-siblings who have received more than twice the amount of her trust from their father alone, who died just shortly after my dad did. I also have a copy of her trust in it's original state. My problem is this: My sister is ten years older than I am, and has admittedly "hated me for being born". Yes, she said that to my face. She is an angry alcoholic person with many other issues, but from what I have recently gathered, she is living to drink and make sure i don't get near any money at all, presumably because I am a normal, working mother who hasn't had much interest in either trust until recently. All else aside, I now am questioning why my mother changed her will/trust within months of my sister moving three doors down the street from her. My sister was a Canadian citizen who didn't want to pay inheritance tax............anyway, the trust now divides my mother's estate into thirds, with MY third being held in trust after her death, while my already millionaire sister and brother get their thirds. I hope this all makes sense, it is late and I just got home from my two-hour commute home from work. I am having a problem with life right now because I could really benefit from some extra money as I have had some health problems. All my sister does all day is drink, do drugs and think of ways to make my life miserable, hence the restraining order, because I had the nerve to question why my mother would change her will for no apparent reason. Thoughts??? Thanks for reading all this.
Jenny
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