Legal Question in Wills and Trusts in California
My father died 1 year ago. Myself and 3 siblings are named in the trust he had prepared. My sister has been appointed Trustee and the 3 others beneficiaries. There is a business, multiple properties, rental properties, cars and well as life insurance. Right now she says everything is going through the probate court. There have been reports that the trustee has not applied the rental income to the trust and has the tenants making the checks out in her name or accepting cash. also it is rumored she has been spending money out of the business account for personal items as well as providing income for her kids who do not work. I feel as if she is violating the trust by her doings. What action can be taken if this is all true?
3 Answers from Attorneys
If there is a probate proceeding, the beneficiaries of the trust must be officially noticed. If everything is being administered in the trust without court supervision, and you believe the trustee is acting in violation of her fiduciary duties, you should retain litigation counsel to petition the court. However, it will require evidence (not just rumors) to have your sister sanctioned or removed as trustee.
Since it has been 1 year, you may be entitled to demand a trust accounting. This will show what monies came in and went out as well as the value of the trust.
The usual process for the administration of a trust does not require probate court. My sense from the information provided is that your sister is not being truthful and you need to hire an attorney without delay.
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