Legal Question in Wills and Trusts in California

trustee-exc abuse of power

if the trust maker died over 36 months ago shouldn't i have recieved an preliminary accounting of estate assets ie trust acct $. how can the executor who is also a benificary spend $ out of that account for their own self gain? isn't that considered distribution?or fraud? how can they spend aprox. 300k that I'm positive they have (i've got proof) and still not grant me my distribution ie the house which still remains in the trust tho I have paid for the upkeep to so the value doesn't tank completly in the economy. aprox 60k out of my pocket,paid the taxes and the insur. the last 2 years out of my pocket an additional 6k. I thought the estate was resp. for the taxes and insur. while it remains in the trust? Now she wants me to sign a promm. note saying I owe her 150k for what the house valued at in 06. When the trust clearly states that undivided assets will be valued at the time of distribution.the house went from 700k in 'o6 to 530k 2day. in addition 60k in termite damage. if an equitable distribution is to occur an accurate accounting of the orinal estate assets must be provided for my review? yes?


Asked on 5/26/09, 3:05 pm

1 Answer from Attorneys

Re: trustee-exc abuse of power

The short answer is Yes. Trustees have certain fiduciary responsibilities and duties to the beneficiaries of the trust. One such duty is to treat all beneficiaries equal and not do anything as trustee that would favor themselves. You have many actions that you can take either on your own or with the help of an attorney.

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Answered on 5/26/09, 4:28 pm


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