Legal Question in Wills and Trusts in California
How Does Beneficiary Withdraw Waiver to Get Info.
My father died 16 months ago. He left everything in a trust to be divided equally between my brother and myself. My brother is the Trustee and has not spoken to me or answered any of my letters or phone calls requesting information.
As a beneficiary, the trustee is to keep me informed about the trust and it's administration. Since my brother won't respond, who do I request information from? My brother, his attorney, or the courts?
I have not filed anything with the courts so I am not sure if I waived my right to information. How do I find out if I did, and if so, how do I withdraw my waiver to get the most recent report and all future reports?
2 Answers from Attorneys
Re: How Does Beneficiary Withdraw Waiver to Get Info.
Did you receive a copy of the trust? You should demand an accounting in writing. If you know the attorney, send the letter to him as well as to your brother.
Re: How Does Beneficiary Withdraw Waiver to Get Info.
You do have the right to an account at the end of the first year, and the right to information about the trust assets/liabilities at any time. Demand this in writing from your brother, as well as his attorney. If you still get no response, see an attorney about demanding the account and distribution, and perhaps filing a petition to force the accounting and distribution.