Legal Question in Wills and Trusts in California

We have a trust that my sister made a reverse mortgage against the house to pay for 24 hour care of our father. I asked for information like bank statements to know where the money went. She refused saying that my father was of sound mind in regards to his financial dealings before he died. The house is in the trust and now has less money available to be distributed when it was sold. Do I have a right to know how the money was spent?


Asked on 3/23/16, 7:11 pm

2 Answers from Attorneys

Aaron Feldman Feldman Law Group

Generally, while your father was alive the trust presumably remained revocable and the only beneficiary at that time would have been your father. So during your father's lifetime the Trustee does not have a duty to provide remainder or residual beneficiaries with accountings. Nor does the trustee typically have a duty to account to you for the activities that occurred during your father's life. That does not give your sister (assuming she was the trustee) the right to take advantage of your father financially. However, if your father was receiving 24 hour care, that is really expensive and I don't know what resources other than this reverse mortgage your father had to pay for such care. You can probably do the math yourself. Also, there can be large fees associated with some reverse mortgages. End of life care can greatly reduce your inheritance, but that is not an inappropriate use of the trust assets.

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Answered on 3/24/16, 7:58 am
Scott Jordan Jordan Law Office

If your father is now deceased, the trust became irrevocable with you and your sister presumably beneficiaries of the trust. As a vested beneficiary, you are entitled to an accounting of the trust funds for the time period after your father died. If your sister continues to refuse to provide answers, you can go to court and obtain an order for the accounting. I suggest you contact a local probate attorney for advice and assistance.

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Answered on 3/24/16, 10:24 am


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