Legal Question in Wills and Trusts in California

Re: Uncle is withholding will, trust, and inheritance information

I recommend that you hire counsel to assist you. You should focus on someone with estates and trusts experienced in your area.

There are time limits that may apply to your action so you should act immediately to protect any rights that you may have.

Re: Uncle is withholding will, trust, and inheritance information

You are entitled to receive a copy of the trust if you are a named beneficiary. The uncle, as trustee of the trust, has an fiduciary obligation to the beneficiaries, and if he is not following the terms of the trust, could be hel personally liable. You may need an attorney in California to help get to the bottom of things. If the uncle/trust is in Northern California, give me a call.

Ken Koenen

925-924-0100

Re: Uncle is withholding will, trust, and inheritance information

I would suggest that you file an action in the state in which your uncle resides that would require him to submit a full accounting of the trust to the court. Since documents filed with the court are public record, you should be able to obtain the information you are seeking.

I would be happy to discuss this matter with you further. Good Luck.

Hollie A. Lemkin

Re: Uncle is withholding will, trust, and inheritance information

Thank you for your inquiry.

As an interested party, whether there is a will or not, you can commence proceedings for the proper administration of the estate. If your mother had a trust and you are a beneficiary, you have a right to enforce the trust provisions. If there is a trust, whoever is the trustee of the trust is the person you need to be dealing with to be sure that your rights as a beneficiary are not harmed. If your uncle is the trustee and he is refusing to abide by the terms of the trust, he can be removed. There are numerous grounds for removing a trustee, some of which include a serious breach of trust, incapacity, unfitness for the position for other reasons, refusal to account to beneficiaries, a conflict of interest, and even extreme friction and hostility between the trustee and you, the beneficiary.

As a beneficiary, you have a right to enforce the trust provisions. A beneficiary cannot interfere with the exercise of the trustee's discretion unless the trustee abuses his/her power. What constitutes an abuse will depend the extent of discretion conferred upon the trustee. When a trustee acts dishonestly or in bad faith, a court will interfere. The trustee�s duty to keep and render accounts, and to furnish information to the beneficiary or his agent at the beneficiaries request, is one way of insuring that the trustee is meeting his/her obligations of care and loyalty.

You have indicated that you have a copy of the will which shows you are a beneficiary, that is certainly enough evidence to get you started and to establish that you have not received what you are entitled to.

Please don't hesitate to contact me at (415) 209-6332 should she decide that she would like assistance.

NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, in a manner that provides for thorough communication so that thorough legal advice can be provided in a manner that relates to your specific circumstances. Thank you. Law Offices of Robert F. Shaw, Jr. 336 Bon Air Center. No. 407, Greenbrae, CA 94904. (415) 209-6332. http://www.QualityLegalCounsel.com & http://www.Estate-Planning-Pages.com