Legal Question in Wills and Trusts in California
Beneficiary Still Waiting for her Distributive Share
My father passed away in 2003 leaving everthing ($500,000)in a trust to be divided equally between my brother who is the trustee and myself (daughter). My brother received over $400,000 and I received $30,000. I objected to his accounting (informally) in writing, and he has not contacted me or provided an updated accounting in 1 1/2 years. He will not respond to my requests. Is there anything I can file with the courts and if so what? Thank you
5 Answers from Attorneys
Re: Beneficiary Still Waiting for her Distributive Share
Get an ORDER for an accounting. Call me dierctly at 16192223504.
Re: Beneficiary Still Waiting for her Distributive Share
You need to take him into court and demand a formal accounting if you believe he has not acted in good faith. You should consult an attorney as soon as possible, as the longer you wait the less your chances are to recover anything, you might have already waited to long. Give me a call if you would like to discuss this further.
Re: Beneficiary Still Waiting for her Distributive Share
Yes, you absolutely need to hire an attorney to go into court to protect your rights as beneficiary without delay. Feel free to call my office for further consultation.
Re: Beneficiary Still Waiting for her Distributive Share
You will need to act soon to safeguard your rights, and it may be too late already. You will have to go to court to ask for an accounting, if the last one was inadequate. If your brother misappropriated property, and you've acted timely, you have recourse against him.
Re: Beneficiary Still Waiting for her Distributive Share
Yes, you need to act immediately. You should bring all documents that you have received from your brother in relation to the trust as well as a copy of the trust document and any document in relation to it.
There are actions that you can taken. Considering the amount of money involved and the failure to respond to your inquiries you should consult with an attorney IMMEDIATELY.