Legal Question in Wills and Trusts in California
Trust Assets
Aunts trust is handled by attorney - mother is trustee of the family trust - I called to get a copy of the trust from the lawyer and one was sent. When I called to get a copy of the assets of the trust the lawyer avoided my phone calls and then the secretary said that they were not handling the financial assets of the trust. Shouldn't the lawyer if she gave me a copy of the trust have a copy of the assets of the
trust? Am I not entitled to one if I have asked for one? I am one-third owner of the entire estate. Does this lawyer have to send me a copy of the assets of the trust if I ask for it?
1 Answer from Attorneys
Re: Trust Assets
from the facts given thus far, you are ABSOLUTELY right. as a beneficiary to your aunt's trust, you can request and are entitled to get an "accounting" of the assets or res within the trust itself, whether by the trustee (your mother) and/or your mother's agent (the attorney avoiding your calls). that way you know what the trust consists of asset-wise and would know if the trustee and/or the trustee's agent may be breaching any fiduciary duties in regards to the trust assets, i.e. duty not to act self-interested and duty not to commit "waste" on trust assets. if your mother and/or her attorney are avoiding your phone calls and not giving you a valid,proper accounting on the trust's assets as per your requests, you should retain a lawyer asap to handle this matter so you know what is on hand asset-wise in the trust at all times as a beneficiary. your attorney would confront the situation on your behalf and/or get a court ordered accounting on the trust's assets. if you would like further legal assistance and/or representation in this matter, please email my office directly on how you might like to proceed, as well as what you "think" the value of the trust assets might be and what type of trust this is if you know. thanks for your question and we hope to help you get justice in this matter soon.