Legal Question in Wills and Trusts in California
Don't trust trustee.
Before I hire an atty., I want to try one more thing: write a formal letter w/proof of delivery, warnings of consequences, etc. to my trustee, DEMANDING an accounting of my trust That was left to me by my mother. Her Estate was settled 2+ yrs. ago. I have verbally, & thru email, asked for the accounting 15+ times, no results. Now, trustee avoids my calls altogether, returns no messages. Before I send the letter I have questions: 1. If the trust gives the trustee ''sole discretion'' to distribute the $$$, do I still have a right to see the accountings? 2. Mother, thinking she was being ''helpful'' made it a ''special needs trust''. I was diagnosed w/depression 10 yrs before she made the will. She thought I could get a ''free ride'' (her words to me) by receiving disability pay, welfare, etc. thru the state by claiming ''disability due to mental illness''. I have no mental illness, have been off the meds for my ''depression'' for 12+ yrs, & would never perpetrate a fraud by claiming false disability. Do I have the right to see the accountings even though it's a ''special needs'' trust? 3.What's the CA code#/statute stating trustee's duty to provide me with accounings (I heard every 6 months)? I want to include it in my letter.
3 Answers from Attorneys
Re: Don't trust trustee.
Have the attorney you hire write the letter so that you will be taken seriously.
Re: Don't trust trustee.
You have the right to see accountings, usually once per year, along with trust assets and liabilities, under Probate Code section 16061. The letter should be sent with some kind of proof of delivery, which will help later in court if a court filing is later recommended.
The special needs trust isn't a fraud, but if you're not receiving government benefits, it may not be necessary and perhaps can be changed with a court order. At the least, you're probably entitled to some distributions, and the trustee can't abuse its discretion by refusing to consider distributions.
Re: Don't trust trustee.
A trust instrument can state that no accounting need be done or change how often it is required. Normally, there is a yearly reporting requirement. I have attached a law firms's good web page discussion. Before you write your letter, get a copy of an easy to understand book, such as from Nolo Press, as to trusts so that you have a better understanding of what should occur. Read very carefully the trust documents.
You have a right to demand an accounting and to see it. Beware that the trustee can charge for making the accounting, so see if an informal accounting can be done; you can then ask for a formal accounting if you feel it is still necessary.
Good luck.
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