Legal Question in Wills and Trusts in California

Assuming you are a remainder beneficiary, you have the right to a Report of the trustees actions. You may also be entitled to a complete accounting, and maybe not. If she is violating the terms of the trust she is subject to removal by a court and surcharge (repayment) to the trust for any moneys taken in violation of the terms of the trust. You should consult an attorney as soon as possible. This posting is no substitute for legal advice and should not be relied on as such. Our firm has staffed offices in northern And. Southern California we can be reached at 916-235-8700x123 if you require further assistance. Jim.

Your rights as a remainder beneficiary of the Trust will depend on exactly what the Trust provides. If you do not have one, you should request a copy of the Trust document, including any amendments. You should also request that she provide you with an accounting of the Trust, its assets and expenditures. If you would like our assistance with this, or have any further questions, please do not hesitate to call me at 310.478.2541.

Jon Reich

IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.