Legal Question in Wills and Trusts in California

Is Beneficiary's Objection to Trustee Accounting Valid

I received an accounting from my brother who is also the trustee of my father's trust that was to be split equally between us two. The accounting states my brother disbursed $500,000 and I received only $15,000. Since I had no money for an attorney, I sent a written objection to his accounting via certified mail, with no response. I want to file an objection/petition in court, is there a standard form I can use to represent myself until I find an attorney? Is my written objection proof I responded in time and will the court recognize it?

My brother has not spoken to me since my father passed, and because he has not distributed my share from the trust, I have lost everything and I am in financial ruins.


Asked on 5/11/05, 3:13 pm

2 Answers from Attorneys
Michael Olden Law Offices of Michael A. Olden

Re: Is Beneficiary's Objection to Trustee Accounting Valid

Hire a good Probate/Trust/Litigation attorney immediately --- don't wait too long or you may be out of lunck and your share of the inheritance --- 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.

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Answered on 5/13/05, 4:19 pm
Donald Field Donald L. Field, Jr., Attorney at Law

Re: Is Beneficiary's Objection to Trustee Accounting Valid

Your objection to the accounting is the essential first step in holding your brother to his responsibilities as trustee.

There is no court approved form for this purpose. Petitions of this kind are prepared by attorneys. If your brother has acted improperly he can be held accountable in probate court. It is also possible that your attorneys fees (if you are successful) could be paid from the trust estate.

If your brother has already dissipated the funds or hidden assets, however, it may be difficult to collect on any judgment or court order.

SEE:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=15001-16000&file=15640-15645

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=16001-17000&file=16060-16064

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=16001-17000&file=16400-16403

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=16001-17000&file=16420-16421

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=16001-17000&file=16440-16442

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=17001-18000&file=17200-17211

If you are interested in pursuing this further, please contact me.

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Answered on 5/12/05, 8:05 am


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