Legal Question in Wills and Trusts in California

Suspected Executor fraud in living trust

How do we go about seeing accounts for the trust of our deceased mother ?All we have received is the final accounting of the trust. One sister is the active executor and two sisters are inactive executors. We two sisters have asked to see the ''books''. However our sister while saying ''sure'' to that request has not sent any information and it has been a year. We do not know what monies the trust started out with, nor how the money was spent. Also she has lost 40% of the stock funds she invested in just this year alone. My mother had always invested only in T-bills. My sister changed it to stocks without telling us. Is she liable for this and other losses for not doing due diligence or malfeasance? The estate is in California. Thank you very much.

Asked on 6/01/09, 8:59 pm

2 Answers from Attorneys


Re: Suspected Executor fraud in living trust

You may request that the court order an accounting in an action for fraud or negligence. If there has been fraud or negligence resulting is a loss of value to the estate, then, the trustee would be liable. I may be able to investigate the matter prior to filing if you think that they may be cooperative in order to avoid suit. Contact me directly.

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Answered on 6/02/09, 11:41 am

Scott Linden Scott H. Linden, Esq.

Re: Suspected Executor fraud in living trust

If she provided you with a final accounting, then it sounds like the trust is completed. If not, then it is merely a periodic accounting and your written correspondence to her is sufficient to satisfy the code's requirement. You can now Petition the court to compel an accounting. If you believe there was a breach of her fiduciary duty to the trust, then you can file a contest to the accounting. You should be aware that this can impose legal fees on the losing party.

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No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time-sensitive and may result in a loss of rights if you do not obtain an attorney immediately.

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Answered on 6/02/09, 4:10 pm

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