Legal Question in Wills and Trusts in California
I am the Trustee for my parents estate. My parents are both diagnosed with dementia and alzheimers and are medically considered incompetent. I have provided a yearly CPA, court formatted accounting to all five future beneficiary. Four beneficiaries are satisfied. The fifth one is demanding to review all back-up receipts/ statements/ documents reflected in the accountings and then decide whether or not he is satisfied.
Am I obligated to deliver these thousands of documents to him? Should I? How should I handle this?
1 Answer from Attorneys
It appears that you are being extremely conscientious in fulfilling your duties as the Trustee.
Per Probate Code Section 16061: Except as provided in Section 16069, on reasonable request by a beneficiary, the trustee shall report to the beneficiary by providing requested information to the beneficiary relating to the administration of the trust relevant to the beneficiary's interest.
Section 16063 states the contents required for such an accounting and notices to be included. Without reviewing the actual accounting that you have provided it is difficult to say whether this 5th beneficiary is entitled to more. The beneficiary may be entitled to more than you are providing, but less than he is demanding. It is too hard to say on this limited information, but I think it is clear that you should hire an attorney to advise you as trustee.
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