Legal Question in Wills and Trusts in California
When my Grandmother passed away two years ago, she had a will typed up, but it was never filed with the state. We followed her directions on it (there was no property and very little money). Now we are being asked for an audit from another of her daughters. Are we required to respond to her and give that audit? She was also on my grandmothers checking account and has already taken what money was left there. I understand I can do nothing about that as she was on the account also, but do we need to give any other information out?
1 Answer from Attorneys
I can only make an educated guess from the context of your posting, but it appears that for whatever reason the will did not have to be admitted to probate in the courts, usually when the estate is under $150,000 in value. If this is the case, then there's no executor or administrator regardless of what the will says (as the executor or administrator is appointed by the court) and there's no duty of accounting.
On the other hand, if the accounts were in the trust and you were successor trustee, then you do owe a duty of accounting to the trust beneficiaries and if the daughter goes so far as to take you to court to compel an accounting you'll likely be ordered to do so.
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