Legal Question in Wills and Trusts in California

Do CA Benificiaries have rights to audit trust?

My father is requesting this information. Grandma is now living with them in Florida, while an uncle in CA is the overseer of the trust, where it originated. My parents want to review the trust and audit the past years' transactions.

1. Does CA law allow beneficiaries of a trust to demand an audit?

2. With an ''A/B'' can the trustor tap into principal when she wants?

3. I don't know if the trusts are revocable or not.

4. Are the beneficiaries entitled to have a copy of the trust to which

they are named beneficiaries?

Appologies for vagueness, that is all the info I have been given.


Asked on 11/12/04, 6:01 pm

2 Answers from Attorneys

Scott Schomer Schomer Law Group

Re: Do CA Benificiaries have rights to audit trust?

CA beneficiaries can demand an audit if they suspect problems. Tapping the other side in an a/b trust and whether or not it is revocable depends on the terms of the trust. You are entitled to ask for a copy and if the trustee won't provide it, you can initiate a proceeding to compel an accounting. Of course, it's always better if you can resolve these problems informally.

Good luck.

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Answered on 11/12/04, 6:19 pm
Michael Olden Law Offices of Michael A. Olden

Re: Do CA Benificiaries have rights to audit trust?

Get off your chair and see an attorney who is expert in estate planning/probate/trust work immediately. Yes to almost all your questions, of course depending upon a rule is the trustor, Hooley is the trustee and what the beneficiaries and rights in the trust are as set forth in the trust. If there are restrictions in the trust not common to other trusts what does restrictions all our eccentric. If this trust is over one year old that beneficiary has a right to an accounting applicable to the trust estate and whether the beneficiary can invade the principal depends upon the terms of the trust. Even if you get this document I am not sure if you are sufficiently sophisticated to properly interpret a legal document, especially at trust. You would have to petition the court in the county in which the person resided to force the trustee to account and deal with the trust properly, yes he has not dealt with it properly before. My advice is get the attorney to write him a letter, a strong a letter that will shake him up so that he may now wish to cooperate and your mother would then see additional funds. But, get off your chair now and do something affirmative on behalf of your mother.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 11/14/04, 12:17 pm


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