Legal Question in Wills and Trusts in California
I am a beneficiary in my father's trust. Currently my sister is acting as my father's Power of Attorney. As a beneficiary of the trust can I legally request a copy of her detailed accounting. I strongly suspect that she is spending his money for her own benefit, but I need proof. My father is in denial and won't demand an accounting from her. According to my father's attorney my sister is only obligated to give an accounting to my father. Is there anything I can do to help protect my father?
2 Answers from Attorneys
Are you a "current" beneficiary (meaning your rights have fully vested), or are you a "future" beneficiary (meaning your rights vest once your father passes away). If you are only a future beneficiary, then you have no rights to an accounting. If your father needs a conservatorship of his estate, then you can have the Court appoint you as conservator and pursue claims against your sister on your father's behalf.
You might simply ask your father if you can review his bank statements and other financial papers with him, to see what is going on. Your father should be interested at least in how much money he has.
I agree with Mr. Perry. A power of attorney would only have effect over your father's matters while he was alive. It would terminate by operation of law when he died, and only the trustee of the trust would owe you an accounting.
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