Legal Question in Wills and Trusts in California
My father passed away 1 1/2 ago. My brother and I were listed were listed as the beneficiaries of his life insurance. About a year before he passed away he hired his nephew to be the executor of the estate. My brother and I have made many requests for my dad's financial records and he has not provided them.
Does my brother and I have a right to his
financial/ bank records ?
2 Answers from Attorneys
Why have you not contacted the imnsurance company. Life insurance proceeds are not subject to the executors authority unless the "esttate" is the beneficiary. Is there a probate court proceeding to appoint an executor? Weere there any assets other than life insurance? You really need to contact a probate attorney to provide you guidance as to what needs to be done and who is to do it. Yes, you are entitled to information on the estate. Counsel can help you access it.
If there's an estate in probate, then the executor must file an accounting with the court.
If there's a trust, then the trustee must provide the beneficiaries with an annual accounting unless you waive the accounting.
My advise is that if there's a trust, you should see an attorney to send the trustee, or the trustee's attorney, a letter demanding an accounting on your behalf, information concerning the trust (including account statements) and also any information related to your father's life insurance.
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