Legal Question in Wills and Trusts in California
I was named a benificiary in my mothers trust! It has been 13 months since she passed. I did not contest the trust. My sister was named by my mother to administer my portion. She has set up a trust for me that pays me a certain amount every month and the rest is invested. We don,t have the greatest of relationships!
She informed me by e-mail that to make sure she performs her fiduciary duties properly, she has retained an attorney and informed me I,m paying for it out of my inheritance.
My question is can she do this? I've read my mothers original trust and it does state any attorney fees involving the trust would be covered. I was under the impression that would only apply if as a benificiary i "contested" the original trust.
Please advise,
thank-you!
2 Answers from Attorneys
Most trusts have a provision that allows the trustee to engage professionals as necessary to assist with the administration of the trust. This can be accountants to help with taxes or lawyers to provide advice regarding the trustee's duties. You are entitled to accountings at least annually and can request additional accountings, if necessary. The accounting would identify amounts spent for legal fees which you can then determine if the fees are excessive. You should probably meet with an attorney who can read the actual provisions in the trust and give oyu more specific advice.
To add to the excellent advice above, I have never seen a trust that would allow a successor trustee (like your sister) to charge all legal fees to just your share. She is trying to punish you for asserting your legal rights.
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