Legal Question in Wills and Trusts in California
Re. my deceased Mother's trust of which I am a beneficiary: I initially asked trustee for a copy of the trust document but only received a portion of her will. Through my attorney, the trustee was again asked for trust document and its accounting via 2 certified letters over 75 day period w/o compliance. My attorney advises to file petition to compel accounting. Having already paid $1,800, I am having trouble putting up another $2,000 retainer.The original trust, created by my Mother in 1991 was amended 4 times. The 1st in 1994 then again in 2003 while she lived alone. I have no knowledge what either of these involved. The 3rd, dated 9-14-2006, occurred 1 mo. after leaving the hospital under care of the trustee. It revoked the 1st 2. The 4th, dated 1-19-2010 and still under care of trustee, changed beneficiary's names. His name was changed to that of his wife while he remained trustee. All I want is to view the trust document for confirmation of her wishes. Any advice/thoughts would be appreciated. Thank You
3 Answers from Attorneys
Yes, it screams undue influence. You need to have your attorney cover your interests here. Depending on what the actual facts are, you may be able to get the whole thing set aside as induced by fraud.... so it is something you need to find a way to do.
To answer your question, unfortunately, if a trustee refuses to transmit copies of the trust, and to render an accounting to beneficiaries, your attorney is correct. The only remedy is to file a petition with the probate court to compel an accounting, and possibly remove the trustee.
Something that you can do right now and that doesn't cost a lot is to check the status of title to the real property belonging to the trust (best done through the customer service desk of a local title company for a nominal fee) to ensure that it hasn't been transferred to a beneficiary you suspect may have exerted undue influence over the settlor. Bank accounts are another matter as banks will not usually talk to you unless you have a subpoena for the production of documents together with the requisite notice to consumer.
Related Questions & Answers
-
How can i obtain a copy of my deceased mothers will Asked 4/19/11, 12:04 am in United States California Probate, Trusts, Wills & Estates
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
