Legal Question in Wills and Trusts in California

Re: distribution of estate

You may petition for an Order To Show Cause why the personal repesentative should not be removed if you believe she has been diliatory in her duties or fear of fraud. Please call me directly at (619) 222-3504.

Re: distribution of estate

if you are an heir you are entitled to a copy of the trust. you should obtain a copy and have someone review it. your rights may be limited by the language of the trust.

Re: distribution of estate

Communicate with her. Tell her you want a copy of the trust, and to be kept up to date on what is going on. Hopefully, you can avoid hiring an attorney.

Re: distribution of estate

The problem with a Trust is the same problem with a Will. That is putting an honest person in charge. And in most instances the trustor (settlor or grantor) does that, and there's no problem. So do what Ken said to do. Get a copy of the trust and read it. Then ask the successor trustee (you called the position the executor) to give you an occasional update.

Re: distribution of estate

Is the money (and other assets) in the trust, or is there a probate? It sounds like it's in trust, and your cousin is the trustee. If so, you're entitled to a copy of the trust by writing her and asking for it.

You are also entitled to make a request for information on the status of the trust administration under California Probate Code section 16061, which provides that on reasonable request by a beneficiary, the trustee shall provide the beneficiary with a report of information about the assets, liabilities, receipts, and disbursements of the trust, the acts of the trustee, and the particulars relating to the administration of the trust relevant to the beneficiary's interest, including the terms of the trust.