Legal Question in Wills and Trusts in California
Trust Mismanagement
I am the beneficiary of a trust and
receive x no of dollars per month. I am
aware the trustee is badly mismanaging
the trust. He does transmit income in
an amount the trust would be expected
to produce but he does not provide any
statements concerning the type of
investments associated with the trust or
which ones are producing income.
Thus I have no way of knowing whether
the trust is invested prudently.
Furthermore, there have been no K-1's
for the past three years and thus I've
had to estimate for tax purposes what
income I need to report. Most
ominously about 15% of the trust assets
have turned up on the California Att
Gen's list of lost assets. I've notified the
trustee of all of the above but have
received no acknowledgement. The
trustee, in other words, will not discuss
it. As if it is none of my business so
long as income is forthcoming.
So the question is: what are my rights
and to whom do I turn for remedy? I
have not been able to determine if the
trust is registered with the State of CA.
Which brings up the question: can a
trust be legal if it is not registered?
Thanks for your answer.
1 Answer from Attorneys
Re: Trust Mismanagement
You have the right to demand an accounting from the trustee detailing how he has managed the funds; if that accounting is insufficient, or if it shows mishandling of funds, you can sue the trustee to have him replace the misused funds with his own. You can also seek to have the trustee removed. This can be done regardless of whether or not the trust has been "registered" in California (most trusts do not need to be registered with the court.) All of this will take legal action, however, and you will probably need a lawyer to commence the proceedings. Feel free to talk to me if you would like to discuss this further.