Legal Question in Wills and Trusts in California
Type your question here...My step father died in January 2007. My sister was made trustee of the estate. To date we have not been given any accounting of the trust and the only documentation provided was thewill and trust itself. I have two questions;
1. When should I expect the first accounting? How long should it take to resolve the trust? Can it just go on forever?
2. The trust it is very poorly written, and due to the contingencies, doesn't actually leave anything to anyone. Would the disposition of the trust then default to califoria law? 30% to wife and balance to children. The wife was our stepmother and they had been married about 10 years. My sister is distributing money to support our step mother, which is fine by me. Should she get some sign off from the rest of us though?
2 Answers from Attorneys
I don't wish to appear to be soliciting business for my colleagues, but it might be wise to take the documents to a lawyer for review. Also, someone might have a case against the lawyer who drafted the trust.
There are statutory ways to demand an accounting. If it's not forthcoming in the period after the formal request which the law provides, you could file a petition in the probate court to compel the accounting. If the trustee doesn't comply, you could seek her removal.
you need to have the trust reviewed by a qualified attorney to determine whether or not a periodic accounting is required and/or whether there are any other indications of impropriety by your sister as trustee of the trust.
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