Legal Question in Wills and Trusts in California
My mother has a living trust. My father has died. I am co-trustee with my two siblings. My mother, according to her atty, is the trustee and sole beneficiary. My two siblings have been handling the money in the trust and not advised me or asked for my input. I have asked for an accounting and was told by the atty I am not entitled. Has my mother and my siblings breached the fiduciary rules of the trust?
Asked on 1/19/16, 11:03 am
1 Answer from Attorneys
Scott Jordan
Jordan Law Office
It all depends on what the trust document says insofar as an accounting is concerned. But, typically, where the settlor is also a trustee, the contingent beneficiaries are no entitled to an accounting. To determine whether a breach has occurred, you would need a copy of the trust.
Is there an issue of "undue influence" by your siblings?
Answered on 1/19/16, 11:29 am
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