Legal Question in Wills and Trusts in California
Is he entitled to know
My husbands grandmother, (Not related but he took care of her for over 20 years and she became Grama), died in November of last year. My husband's sister was appointed trustee and then him. Grama had a life insurance a checking account and realestate. According to my husband's sister, the life insurance and the checking account are hers. She closed the checking account and cashed in the life insurances and the safe deposit boxes. Grama added her to the her checking account to help her pay the bills. The estate Plan says that the assests shall be distributed between my husband and his sister ''share and share alike.'' Then it goes on to naming the realestate properties as well as the checking account and the life insurance. Was my husband supposed to receive 1/2 of everything? including checking accounts? To this day my sister-in-law has not let my husband know how much money was in Grama's Estate. How can he find that out?
6 Answers from Attorneys
Re: Is he entitled to know
it sounds like it even thougth life insurence policies go specifically to the nemed beneficiries and it depens on the title to the bank account --- i have numbers of questions and am in n.ca --- i would like to consult with you and if you feel the same you can call me at 985-945-6000
Re: Is he entitled to know
if your husband is a designated beneficiary of his grama's estate, he is entitled to an accounting of all assets he may be entitled to under the wording of the intrument(s) at issue. if you would like further legal assistance in this matter, feel free to email me directly.
Re: Is he entitled to know
He is going to require the services of an attorney in his area to petition the court for an accounting.
Re: Is he entitled to know
If your husband is a beneficiary he is entitled to a copy of the trust. He can also compel an accounting of the estate. First a written demand for an accounting must be made, then if the trustee does not respond a petition can be made to the court to compel the accounting.
You have rights as a beneficiary. If you want to discuss this further, please call me at 714-708-2593.
Re: Is he entitled to know
Thank you for your inquiry.
The law allows your husband to demand, in writing, a copy of all documents and an accounting of what money has been paid, or where the assets of the trust are.
If that demand is not complied with, you must file a petition for an accounting in court and ask the court to appoint someone to conduct an accounting and order your sister in law to repay anything she took that she was not entitled to.
Life insurance proceeds are handled slightly differently than the trust proceeds - they are usually paid directly to a beneficiary designated in advance, no matter what a trust states.
I hope this helps, but if you feel you need legal assistance, please feel free to email me directly at [email protected]. I'm happy to help in any way that I can.
Re: Is he entitled to know
He's entitled to a copy of the trust, and he can demand information regarding the trust assets, debts, payments and administration from the trustee any time.
Regarding the life insurance, it usually goes to the named beneficiary--if the intent was otherwise, it may be proveable, but this is difficult to do.
If your sister-in-law refuses to cooperate, an action to force an accounting in court may be necessary.
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