Legal Question in Wills and Trusts in California

Revocable Living Trust - Trustee

Mentally challenged son's mother died leaving a trust to help support him. the trustee sold everything and has not or will not speak to the son. She or her attorney has never provided any financial statements regarding the trust. Are they legally required to provide financial information, file tax returns or contact the son. Does the father have any recourse to help the son get this information?

Thank you


Asked on 7/04/09, 12:53 am

2 Answers from Attorneys

Scott Linden Scott H. Linden, Esq.

Re: Revocable Living Trust - Trustee

Of course there is recourse and it should be explored and exercised immediately.

An accounting was required at the mother's passing.

If the trustee has not provided any information or assistance to the son, as requested by the trust, then they are in breach of their fiduciary duty as trustee and can be found personally liable for damages, waste and possibly more.

I strongly suggest contacting an attorney to assist you with these matters ASAP. Where are you located? Where is the son located? What state was the mother a resident of when she passed away? Do you have a copy of the trust?

The more information you can provide, the better I can attempt to assist you and the son.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time-sensitive and may result in a loss of rights if you do not obtain an attorney immediately.

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Answered on 7/06/09, 4:30 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Revocable Living Trust - Trustee

If the son has a conservatorship in place, the conservator can ask for the information from the trustee. Or, if the son has enough capacity to execute a power of attorney, his father could request the information on his behalf.

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Answered on 7/06/09, 12:33 pm


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