Legal Question in Wills and Trusts in California
The trustee of my deceased Mother's estate has failed in at least 5 areas required of his duties as trustee. The most recent being the 60 day lapse of beneficiary's asking for terms and accounting of the trust. I assume the next step is to petition for disclosure. Can I petition for removal simultaneously? Also, it has just come to light the existence of a co-trustee who's wife received his share of the trust. I have been denied any details or accounting of the actual Trust or amendmants and to this date have received 3 conflicting portions of her will, which will be referred to as packets. Initially in Packet 1: 3 pgs. of will w/missing paragraphs/pages naming the wife of whom I thought was co-trustee as equal beneficiairy and to receive his share which was 1/4 of the total of 4. Packet 2: conflicting version from #1 whereas the person I thought was co-trustee is disinherited and to be presumed dead. Packet 3: contained certificate of trust bringing to light existence of co-trustee. It is now 78 days w/o trust or accounting details.
2 Answers from Attorneys
If it has been only 80 days that the trustee has been such, the judge will likely allow hlm more time to straigthen out what is going on, but you can file a petition to remove the trustee. Write the trustee with your concerns and ask for an explanation; if you get none you can point that out at the hearing on your motion.
The trustee is required to give you the information you're asking for under probate code section 16061. If they refuse after your reasonable attempts to obtain it (keep records of your contacts with the trustee), you can petition the court to force the information from the trustee, and you can ask for removal of the trustee in the same petition. In my experience, courts are reluctant to remove trustees, but you should get an order to get the information you're seeking.
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