Legal Question in Wills and Trusts in California

Probated account

Account were left to grandchildren and divided when they turn 25. The executor has not sent one statement. Is she obligated to send statements of the account because we have no idea where the money is at or if she has been spending it or what. Should we get a lawyer.


Asked on 4/18/08, 4:13 pm

4 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: Probated account

If there is a probate, you can appear in the action as an interested party and demand an accounting. If the estate has been probated and the funds transfered into a testamentary trust account, you can demand an accounting from the trustee and if it is not forthcoming, you can and should sue for an accounting and possibly for replacement of the Trustee.

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Answered on 4/20/08, 2:42 pm
Donald Field Donald L. Field, Jr., Attorney at Law

Re: Probated account

yes, you should consult an attorney. an accounting may be required depending upon the language of the will or trust. if not, you can request an accounting and then petition the court if it is not provided.

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Answered on 4/19/08, 12:05 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Probated account

You can ask for an accounts. If she refuses, then you can go to court and ask the judge to order an accounting. It's best to hire an attorney if she refuses to give an accounting.

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Answered on 4/18/08, 4:40 pm
Stanley Moerbeek The Law Offices of Stanley L Moerbeek

Re: Probated account

Yes, I'd hire a lawyer to take care of this problem. If there is anything wrong your lawyer can follow up on it right away as part of your overall service.

Your answer doesn't indicate if there is a probate proceeding. If you are not sure, contact the probate department in the county where the deceased person passed away and find out if the executor has been formally named by the court in that capacity. You can often get this information online.

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Answered on 4/18/08, 6:25 pm


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