Legal Question in Wills and Trusts in California
Trustee's Responsibilities
My mother recently passed, my
sister is the trustee of her Living
Trust. She was also on her bank
accounts, credit cards etc. Since
her passing, I have verbally
requested a copy of the trust and or .
the nme of her attorney handling
the
trust. When I ask my sister for this
information, she is too busy, can't
remember his name, gets very
defensive, and in an angry voice
informs me that she is in control and
everything is up to her discretion.
And if she wants she can wait five
Years if she sees fit. I am a little
Worried about why she is so
secretive.
The original trust was written
in1991,
and she informs me there have been
several
amendments. Am I entitled to see
the trust and the amendments? Is
there a time frame in which this
information should be shared with
the beneficiaries. My mother had
Alzheimer’s and I wonder when the
amendments were made, and if she
would be able to make changes
when my mother was not capable.
3 Answers from Attorneys
Re: Trustee's Responsibilities
Thank you for your question. As others have correctly noted, yes, you have the right to see the applicable documents, and to demand an accounting, or even sue to obtain documents and an accounting.
I hope this helps you, but feel free to email me directly at [email protected] if you have any other needs or questions. Thanks again.
Re: Trustee's Responsibilities
You need to retain an attorney to take immediate action to protect your interests. If I were on the case, my first step would be to write to your sister (on my letterhead) warning her not to expend money from the trust pending an accounting, and demanding a copy of the trust instrument.
Re: Trustee's Responsibilities
You sure are. By statutory law in California, the trustee must upon death distribute copies of the trust document to all persons interested in the estate. If she doesn't you must file suit for an accounting and for breach of fiduciary duty. Certainly, the date of the amendments is a critical issue that you must look into.
Hire a lawyer. You should be able to get an award for at least some of your fees from the estate.
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