Legal Question in Wills and Trusts in California

My sister and I are equal beneficiaries in our mothers trust, but she is the trustee, and refuses to let me help with any the properties to sell, ( I have been in Construction for 42 years, 33 years as a self-employed cabinet maker ) She has only showed me once the receipts for the remodel of one of the houses, and the attorney said that she does not have to show me receipts just the bank statements for reimbursements. The same attorney used to date my sister, and he drew up the Living Trust and has been charging the Trust a huge amount for defending it against me when I have been asking for proof for all reimbursements that she has been writing to herself, including a huge sum for Items like $ 25 per hr to go to the bank to make deposits for the trust, meeting with her friend the attorney $ 50 per hr, and so on. To this date I have never seen a real accounting of my mothers personal belongings my sister gave them all away before I was allowed to come over to my mother house to see them. My attorney I feel does not have enough back bone to complete the job. Any Ideas would be most helpful.

Sincerely

Travis V. Gilbert


Asked on 7/25/14, 10:21 pm

1 Answer from Attorneys
Charles Perry Law Offices of Charles R. Perry

Mr. Gilbert,

The trustee and the trust's attorney have a right to charge a reasonable fee for all matters connected to the trust. This would include addressing your inquiries. The rates quoted are likely within the range a court will approve, provided the time spent on the tasks is reasonable.

You have a right to an accounting and to reasonable information from the trust. That, however, will cost the trust money to prepare -- half coming from your share, and half coming from the share of your sister.

If you are not happy with your attorney, you should find other counsel. Just be aware that the trust will be funding the costs of any dispute you decide to start.

The trustee has the absolute right to decline the assistance of a beneficiary in the management of the trust. There is probably nothing you can do in this regard, with respect to the sale or management of the real estate.

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Answered on 7/26/14, 1:42 am


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