Legal Question in Wills and Trusts in California

Trustee Responsibilities (again)

Re: Trustee Responsibilities

A will was executed 2 years ago with assets transferred from a living revocable trust to a irrevocable trust with 3 named beneficiaries; myself, my minor son and my sister.

Issue 1: Since that time, I have received only summary accounts for myself and my son. I have seen no detailed schedules for mine, my son�s or my sister�s trust activity. I have requested complete accountings but, with no success.

Issue 2: Whenever I have tried to communicate with the Trustee about issues, directly related to the trust regarding me or my son, I have been rebuffed and referred to the attorney hired by the Trustee charging $300/hr for our �little chats� paid through my portion of the trust. No legal advice was ever offered by this attorney during these conversations.

Issue 3: When submitting requests for disbursements for my son, funds were paid from my portion of the trust instead of his stating: as a minor child, no disbursements can be made from his portion of the trust.

Discussion: I feel that all 3 of these conditions are abnormal and damaging to me and the trust in general and may represent actionable trustee and attorney malfeasance. Could you comment?


Asked on 12/16/04, 7:15 am

3 Answers from Attorneys

Donald Field Donald L. Field, Jr., Attorney at Law

Re: Trustee Responsibilities (again)

These questions cannot be answered completely and correctly without a review of the trust agreement, the summary accountings and corrspondence with the trustee and attorney. There are procedures for compelling an accounting, challenging actions by a trustee, challenging fees and expenses and removal of a trustee. But only a qualified and experienced attorney will be able to advise whether or not any action now could improve the situation.

SEE

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=15001-16000&file=15640-15645

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=15001-16000&file=16000-16015

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=16001-17000&file=16040-16042

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=16001-17000&file=16060-16064

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=16001-17000&file=16370-16375

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=17001-18000&file=17200-17211

Read more
Answered on 12/16/04, 10:57 am
Ken Koenen Koenen & Tokunaga, P.C.

Re: Trustee Responsibilities (again)

Did you receive a copy of the trust. You are entitled to receive a copy.

The document must be reviewed in order to form an opinion, and it is too complex a matter for an answer here.

Generally, disbursements can be made to a minor from trust income, if allowed by the trust, for certain needs, but not just because he wants some money.

You should obtain professional help.

Read more
Answered on 12/16/04, 12:32 pm
Michael Olden Law Offices of Michael A. Olden

Re: Trustee Responsibilities (again)

Yes, my immediate comment is why haven't you hired an attorney to protect yourself and your son. Your question is totally incomplete and I am not sure who the attorney is charging $300 per hour, is that the trust or you? And if it is the trust how do you know that he is charging $300 an hour without an accounting. You must understand that good, experienced, litigation/probate attorney's will have considerable years in the field charge anywhere from $250 up. But you need such an attorney as you have certain rights that I think are embodied in the documents which you should have copies of. Therefore, get off your chair, turn off your computer as so far you have not done any thing glad for your self and your son and higher a good attorney who has the experience. I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.

Read more
Answered on 12/16/04, 12:34 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California