Legal Question in Wills and Trusts in California
Written Objection to Trustee's Accounting
I received a ''summary'' accounting from my Brother who is the trustee of my father's estate. The trust was to be split equally between my brother and myself. The accounting was dated 9/04 I did not receive it until 11/04. My brother received over $500,000 and I received $15,000. There were numerous disbursements without stating to whom and a $140,000 ''Investment Loss''. It appears every debt my brother paid out, he credited himself with the same amount. I am disabled and cannot afford legal representation. My brother's attorney received more money ($25,000) than I. There was still money in the trust I just want what my father intended me to have (50%)I sent my brother a written objection within thirty days of receiving it, but have had no response. Should I file a petition with the court and if so can you provide a sample or guidelines to doing one? Please advise.
4 Answers from Attorneys
Re: Written Objection to Trustee's Accounting
You need to file an "Objection to Accounting" I will send you a link when I get this on the web and you can file this with the court. It's no big deal.
Re: Written Objection to Trustee's Accounting
You need to object to the account, and demand a complete account. If he ignores you, you'll have to file a petition in court to compel the account.
Re: Written Objection to Trustee's Accounting
You don't need to know the procedure you need an attorney. If you can't afford attorney can think of possibly calling me. This is not a solicitation but I would be happy to hear your tale of wallets I've heard numbers of others and see if I wish to take your case and if you were geographically desirable.I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.
Re: Written Objection to Trustee's Accounting
you should file a petition with the court objecting to the accounting and for removal of the trustee.
under California Probate Code 859 if a court finds that a person has in bad faith wrongfully
taken, concealed, or disposed of property belonging to the estate of a decedent, conservatee, minor, or trust, the person is liable for twice the value of the property.
SEE http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=00001-01000&file=850-859
SEE http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=15001-16000&file=15640-15645
SEE http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=15001-16000&file=16000-16015
SEE http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=16001-17000&file=16040-16042
SEE http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=16001-17000&file=16420-16421
SEE http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=17001-18000&file=17200-17211
there is no standard form to use. the petition would normally be prepared by an attorney.
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