Legal Question in Wills and Trusts in California

Re: estate documentation

First, your brother is the successor trustee, not the executor, if your father's estate is in a revocable trust. Once you father dies, the revocable trust becomes irrevocable. As the Trustee he is a fiduciary and owes the Beneficiaries a duty to account, though not necessarily monthly. The best thing to do is to have an attorney send your brother her polite but firm letter explaining his obligation to account and your right to know that things are being handled promptly and properly. You should also demand and receive a copy of the trust document.

Re: estate documentation

I like the answer Mr. Roth of California has given on this question. I will add some extras. The trust document usually states what accountings are required and in what time period. Monthly is unusual in my experience. I would sympathize with a trustee who is asked to give monthly accountings if it is not a corporate trustee. Corporate trustees generate monthly statements. Remember, the costs you obligate the trustee to incur will be obligations of the trust to pay for.

Get a copy of the trust if you do not have one. Get the beneficiaries to all use one attorney if possible (cheaper that way). There should be a complete accounting of all assets received at the outset, an initial inventory of the trust assets when the trustee took over. Family members often do not do as professional a job as corporate trustees, but many folks name family members anyway. Then it is a burden they resent when they are asked to give accountings, etc. But is comes with the territory of being a trustee. Have a frank discussion with the trustee as to what his intent is as to winding up the trust and distributing the assets. If the trust cannot be wound up completely immediately, perhaps a partial distribution can be made.

Good luck.