Legal Question in Wills and Trusts in California
My mother passed away two years ago. She made my older sister in charge(trustee) as far as the properties and other assets that she owned before she died. I lived in one of the property that she owned for a while due to my unemployment status.
A couple of months later, my sister sent me a check stating it was from the property sale which was a lot less than what I was entitled to receive. She mentioned that I already advanced a large portion of the amount for the living expenses that I spent til I moved out of the property.I checked real state site and found out she hired an agency to sale the property.We own some other property that are rented and there are income on a monthly basis.She hasn't,or not planning to tell me any of these transaction record at all. She is hiding everything. I feel that I've been cheated tremendously. Any advices are appreciated.
3 Answers from Attorneys
As a trust beneficiary, you are entitled to an accounting of the trust's assets, liabilities, income, and expenses. If the trustee does not provide the accounting, you can petition the court for an order requiring the trustee to prepare an accounting to you.
There are no forms for the petition for accounting. It is something that needs to be drafted from scratch. I strongly suggest you meet with a lawyer experienced in trust matters to assist you here.
I agree with Mr. Perry. You need to demand an accounting, and do so in a documented way. Then you should speak in person with an attorney that has handled trust litigation before. That attorney is going to want to see the relevant documents, including any declaration of trust.
I agree with both previous counsel.
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