Legal Question in Wills and Trusts in California

My brother is the conservator of an irrevocable trust that my Father (91) & now deceased mother set up for the two of us. I have never received an accounting of the Trust since he took over and now have heard that my Father's money is paying for my 2 nieces' college education. What rights do I have to make sure my part of the Trust is not being compromised? What do I do if he will not provide me with an accounting?


Asked on 3/14/10, 8:37 am

2 Answers from Attorneys
Aaron Feldman Feldman Law Group

You use the term "conservator", but that only applies to a formal Court Ordered conservatorship, which can be over a person or a person's finances. Has that occurred?

You also refer to the trust as "irrevocable". Most family trusts are not irrevocable and because they can be revoked a contingent beneficiary is ordinarily not entitled to accountings. If your father has lost legal capacity to change his trust or revole it, then you may be entitled to an accounting under certain circumstances.

I think you should consult with an attorney to go into greater detail about the specific facts. Your rights, if any, will depend on these specific facts. I would be happy to discuss this with you further.

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Answered on 3/19/10, 9:23 am
James Bame San Diego Law Office

You may wish the demand sent by an attorney. I would argue that the beneficiaries are entilted to a copy of the trust. If there is also a conservatorship then the protected person ususually is served with the conservatorship petition and related documents. Contact me directly.

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Answered on 3/19/10, 12:20 pm


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