Successor trustee has been blocked access to deceased trust creators paperwork

[chris55]

As co-successor trustees we have been locked out of my late fathers residence which contains personal possessions and information as it pertains trust directives, asset & financial info and last wishes, he is the creator of the living trust. The residence was deeded as community property with right of survivorship between my late father and stepmother in CA, all other assets except one joint bank account are contained within the trust. The stepmother has advanced alzheimers and is being guided by her daughter who is not a named beneficiary in the trust.
The daughter has admitted going through the files and has removed some of them she feels pertains to her mother. In the burial process, where time is of the essence, there is now undue financial hardship on our personal finances to administer this process.
My question is, as co-successor trustees, are we in the correct area of law within this forum for this query, and, what are our rights or best direction in the above matter. Hope this is enough info.

chris55

 

[kknight]

If the mother has not been deemed mentally incompatant in a court of law I would suggest petitioning the court to first to ask for conservatorship over her estate as an interested party if infact her alzheimers is advandced.
Second request a civil assist through the local police department.
She may give in and relenquish them without having to go to court if she refuses then,You first need to send her a demand to return your personal property ie: your late fathers property but since you are seccessors you have a right to his personal belongings if she does not comply file a demand in a replevin.
She must respond to show cause as to why his personal property is being held, a hearing will more then likely have to take place but the civil procedure for demand of personal property is fairly simple.
Those are the first steps I would try.
Good Luck!