Legal Question in Wills and Trusts in California
Beneficiary on Credit Union Fund
Before my mother passed away in March, 2007, she told me that I was 1/2 beneficiary of her Credit Union fund. She said my sister, who has power of attorney, was to receive the other half.
Her husband is trustee of the trust.
She told me they were both stealing from her and would probably try to take the entire amount, and that I should fight them. At first they denied that there was any fund, and they took all the statements from my mother's house. Now they claim she has no other funds, so all the gifts to all grandchildren, etc. must come out of the credit union fund. I know she had other funds. My question is: How can I force the credit union to give me a copy of the beneficiary statement?
He has closed the account.
2 Answers from Attorneys
Re: Beneficiary on Credit Union Fund
This sounds more complicated then just getting a statement from the credit union, which incidently is probably not something that you are going to be able to do without a court order.
You really need to seek the assistance of a probate attorney if you feel your sister and brother in law are stealing and using the trust for their own personal needs. I would be concerned when trustees start closing accounts and refuse to give records to beneficiaries, long before (it sounds) the trust is ending.
Re: Beneficiary on Credit Union Fund
As trustees, your sister and husband have a duty to provide an accounting to all beneficiaries. I would start with a letter to the sister and her husband, demanding that they turn over all of your mother's bank statements and to provide a full accounting and a copy of any trust or power of attorney. If that does not work, then you may need to proceed with a civil action.
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