Legal Question in Wills and Trusts in California

Responsibilities of Executor of a Trust

It is not clear whether you are talking about an "Executor" who administers a probate estate or a "Trustee" of a Trust. Also unclear is whether the Trust is already under court supervision. In any event the person is a fiduciary and has definite obligations.

If it is an Executor of an Estate (or a Trustee of a Trust already under Court supervision) you should immediately do the following:1. Demand an accounting by the fiduciary;2. Commence proceddings in the Court to compel an accounting and, if you have a factual basis to do so, petition the court to suspend the fiduciarys powers pending the accounting and have a new fiduciarty appointed in the interim. This can usually be done on an expedited basis if you have the fcats. If you do not have the facts, simply petition for an accounting;3. If there is a fiduciary bond, give notice to the bonding company and furnish it copies of all documents you file in the court.

If is is a Trust which is not currently being administered with court supervision, you should do #1 and #3 above and, in addition, petition the probate court in the county in which the trust is being administered to request the court assume jurisdiction over the administration of the trust and then you can make the same motion set forth in #2.