Legal Question in Wills and Trusts in California

My brother was the trustee of my mothers trust, He never provided the rest of us with copy of trust , he just gave us a check, some of the things he told me don't add up, like the sale of the house was over 300000.00 more than the amount paid out, he said mom had a lot of bills. But my mother told me her bills totaled about 130,000.00. What is the statue of limitations on this. Barbara

Asked on 7/15/13, 2:20 pm

3 Answers from Attorneys

Chris Johnson Christopher B. Johnson, Attorney at Law

Usually the state of limitations is three years to sue the trustee based on items that would be included in a trust accounting, but the three years starts to run from the time the beneficiaries receive the accounting--it sounds like you never received one in this case. If you signed any sort of waiver, perhaps a statute applies. I'd recommend reviewing the timeline and the documents with an attorney to see whether you should pursue further action.

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Answered on 7/15/13, 2:25 pm
William Christian Rodi Pollock

I agree with Mr Johnson. A trustee should provide you with a complete accounting of the assets in the trust at the date of death and its income and expenses during the administration. You should demand this information as well as a copy of the trust. If they are not provided, engage counsel to obtain them.

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Answered on 7/15/13, 2:34 pm
Victor Waid Law Office of Victor Waid

I agree with both of the above answers, but I further advise you obtain the assistance of probate/trust litigation attorney immediately, as the the applicable statute of limitation time limitation in which an action, against the trustee, may be filed, may be running; as you did not provide a date of death or other relevant time, ie receipt of notice of right to receive copy of trust; Once the applicable statutorty time limitation has run, you may be prevented in bringing any type of action against the trustee, for example a pettion for an accounting.

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Answered on 7/15/13, 2:42 pm

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