Legal Question in Wills and Trusts in California
Need Successful Strategy Ideas re: Trustee Breach
Trustee & Beneficiary of a Family Living Trust, has not done any inventory, changed business accounting from cash to accural which diverted profits from a beneficiary back into Estate, & administered the Estate as a Trust in total control. Banking dividends, business profits, etc. into one lump sum, without later Beneficiary distribution.
Stating many Trust items were not located.
Accounting is vague, few dates, totals, account numbers, and in incorrect form. Used an Attorney and professional Accountant.
All ideas on Strategies, case references, aritcles, consultants, or legal references are welcome.
All ideas are welcome. Very interesting & involved case. All offers of collaboration, just for the challange, are welcome.
Thank You !
1 Answer from Attorneys
Re: Need Successful Strategy Ideas re: Trustee Breach
The simplest way to deal with this is to make a formal written demand for inventory, accounting etc. with short time period for response. Mention in letter that you are prepared to Petition the Court to have the Trustee removed for wrongful conduct and have the Court supervise administration of the Trust.
If you get no response to the letter file a Petition under California Probate Code to do just that.
You will need an attorney to file the Petition.
Do not wait too long because if an accounting has been made to you there is usually only a limited time to object to it, depending on language of the Trust document.
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