Legal Question in Wills and Trusts in California
Fidiuary Duties Not being Performed
What can one do when the duties of the trustee to a family trust are not being performed. Properties that fund the trust are being sold, and it appears that sound business decisions are not being made. Request have been made to the trustee for an accounting of the trust but they have been ignored. We can not afford an attorney so must seek other ways to gain information as to how we should proceed before the trust is depleted and all inheritance rights become worhtless. All properties funding the trust were paid in full, eight properties valued apprx. One half million or more.
3 Answers from Attorneys
Re: Fidiuary Duties Not being Performed
Have you received a copy of the trust? You are entitled to one as a named beneficiary or a potential hier. Next demand an accounting, letting the trustee know that you will petition the court to have him replaced if he does not do so. If he does not, you will need to follow through.
Re: Fidiuary Duties Not being Performed
you should request an accounting in writing. then you need to file a petition with the court for removal/replacement of the trustee. you will need an attorney to do this effectively.
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=16001-17000&file=16060-16064
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=16001-17000&file=16420-16421
Re: Fidiuary Duties Not being Performed
Since the trustee does not appear to be responding and providing an accounting, it looks as though you are going to have to take further action. I think you should get an attorney involved.
I am a bit far from you. I do represent parties through much of California. I would be willing to meet with you. However, I am about 120 miles away from you. You should probably try to find an attorney in Bakersfield.
J. Caleb Donner
DONNER & DONNER
LEGAL WARRIORS.
910 Hampshire Road, Suite R
Westlake Village, CA 91361
Tel: 805-494-6557
Fax: 805-494-0990
email: [email protected]
website: www.legalwarriors.com
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
