Legal Question in Wills and Trusts in California
My son-in-law's mother died about 5 years agol. Pior to her death, she set up a trust for him, assigning her sister the Executor of the Trust. They worked with an attorney who has been overseeing the trust and the funds. The son has been in a state facility for for about 10 years and is due to receive the Trust at age 35. He spoke to the attorney last week and was told there was nothing left, all of the money and possessions were gone. The attorney told him that he retired and can't help him.
No one has received a report of what the trust contained, how much money was in it, what happend to the proceeds of the condo that the mom bought for the son. The Aunt/Executor sold it immediately after her death, completely against the wishes of the mom. She also sold all of their possessions and did not allow the sons to attend the sale or keep anything.
Now, what recourse does the son have with the attorney or the Aunt/Executor regarding the mishandling of the estate?
Thank you.
1 Answer from Attorneys
At the very least he is entitled to an accounting. He should demand an accounting in writing, and can file a petition with the probate court to force the trustee to provide one if the trustee refuses.
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