Legal Question in Wills and Trusts in California
Finding out information on an Estate
My son's Grandfather passed away 2 years ago, leaving in trust, a sizable estate. The boy's Grandmother is still alive (70+ years), but bedridden with M.S.
Their father is trustee for the estate, and my son's have begun to worry about their father's handling of the estate, and the welfare of their Grandmother.
Several items jusify this statement. Their father has not seem or returned phone calls to his Grandmother in 4 months.
Their father fired their Grandfather's long time attorney, and CPA.
I could continue, but my son's father does not have a great background (i.e. fired as a deputy sheriff's for stealing).
My son's have not had contact with their father in over 4 years. We do not have any information, regarding the trust, or where to begin.
My oldest son is 21 years and residing in Fresno, and my youngest son is 18 and residing in Woodland.
Would an attorney be able to find out if the estate is in order, or could the boys find this information themselfs. They do not have the money to pursue a long legal battle.
2 Answers from Attorneys
Finding out information on an Estate
Only a beneficiary of a Trust can have information concerning the terms of the Trust or the current business of the Trust. Your sons do not know whether they are beneficiaries of the Trust. In any event they probably would not have a beneficial nterest until the grandmother dies. I would be concerned primarily for the grandmother if the father is doing something wrong with the Trust assets. The fact that he fired the attorney and CPA makes me suspicious that he wouldnt follow their instructions or he had plans that they would not approve of. If possible I would attempt to get the grandmother to give you or one of the sons a special power of attorney that would direct the father, as Trustee, to disclose information concerning the trust to the power of attorney and to examine the trust records and books to be certain nothing improper is being done. If she is not able to give a power of attorney then a conservatorship may be in order to investigate the Trust.
trust information
Usually only a trust beneficiary can be entitled to information. If any son is a remainder beneficiary they can demand an accounting provided the trust is now irrevocable. If information is not forth coming then a petition can be filed in the probata court having jurisdiction.
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