Legal Question in Wills and Trusts in California
Vague language Reply to Requests for Trust Documents
As a Beneficiary of a Trust, I requested a list of 6 specific trust documents, which were named on the Accounting & Estate Tax Forms. I sent it to the Trustee's Attorney and his answer only states that documents are in his office to view. There was a viewing at which they were missing, thus requested copies. When asked he won't confirm if the 6 are there or not and won't reply to request for copies.
Is this a breach of fiduciary duty by the Trustee? If not, we can't get court costs reimbursed, or can we? We've been told that it's hard to get legal costs awarded. What does it take to get them awarded?
Thank You for all answers!
2 Answers from Attorneys
Re: Vague language Reply to Requests for Trust Documents
If this is a testamentary trust, here is the rule, Probate Code 16061:
16061. Except as provided in Section 16064, on reasonable request
by a beneficiary, the trustee shall provide the beneficiary with a
report of information about the assets, liabilities, receipts, and
disbursements of the trust, the acts of the trustee, and the
particulars relating to the administration of the trust relevant to
the beneficiary's interest, including the terms of the trust.
A letter from a lawyer would likely get the trustee to either produce the documents or state there are no documents. If you went to court, there is a possibility of recovering fees. For the most part, judges do not like awarding attorney fees, and if they can find a way not to award them they won't. Let me know if you need help or a referral to a lawyer in your area.
Re: Vague language Reply to Requests for Trust Documents
It does sound like this attorney is not fulfilling his duties. As far as recovering costs you can request that the attorney pay costs if you win. If you are inquiring as to recovering attorney's fees you can also request this if you prevail. If this attorney is truly withholdong documents pertinent to a trust than you would most likely be able to recover attorney's fees and costs for bringing him to court in order to get the documents. However, a simple letter from an attorney might get you what you want without having to go to court. If you would like additional information or help please feel free to contact my office toll free at 877-546-9918. The consultation is free. I look forward to speaking with you.
Sincerely,
John Hayes
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