Legal Question in Wills and Trusts in California
California living trust with three beneficiary siblings one of which is the current sole trustee.
This same sole trustee paid self $3,500 per month for the nursing care she provided the
decedent until the end. She is refusing to open the books to show the details of this self
determined payment. She is also a permanently disabled registered nurse collecting
a disability pension claiming inability to care for patients. The living trust has a provision
to pay the final care giver 15% of a multimillion dollar trust off the top. Question is has this
trustee violated disability law by accepting payment for providing nursing care at the end?
Are her actions disability fraud? Is the trust care provision to her, a disabled person a violation
of the law? Does the trustee or the trust have an obligation to report these compensations to
the appropriate government body? What can be done to compel her to open the trust books?
3 Answers from Attorneys
First, an attorney would need to review the specific trust provisions to give you real answers to your questions and I encourage you to meet with an attorney as soon as possible. Secondly, $3,500 per month may be reasonable, but I can't tell what services were provided. Did the decedent live with the nurse so it was residential care? Whether these activities are prohibited by her disability pension is not your battle to fight and the disability pension may have exemption for this type of service. Another question is whether the $3,500 payments should be deducted from the 15% residual gift to the care giver. There may be deadlines running on when you can bring a claim so you should not delay in seeking legal represetation. I would be happy to discuss this with you further.
The going rate for full time care, at least in SoCal, is 6500-7000./mo.. A judge would consider this if asked to rule on the reasonableness of 3500./mo.. and perhaps the issue re the residual gift as well. A beneficiary has the legal right to force a trustee to give an accounting but such actions usually require an attorney.
Mr. Friedman is correct that you need to contact several attorneys to find one to represent you. These matters will not be resolved easily or quickly and will require legal skill and knowledge. Enough is at stake to justify paying for an attorney, who will have to review all the written documents and decide how to proceed. You want an attorney familiar with the probate/trust judge in the county where your mother lived; judges unfortunately tend to be biased against beneficiaries who represent themselves.
That it may have been illegal or improper for her to collect a disability payment while doing work of the same general nature is relevant to your argument that she should be removed as trustee and pay the Trust back some money, but you should not at this point denounce her, as that will be pre-mature, perhaps incorrect, and certainly bad strategy as she will then become a complete enemy to you.
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