Legal Question in Wills and Trusts in California
wills and trusts in CA
as one of the trustees petitioning another trustree for accountability of the trust, can I be sued for abuse of process and malicious prosecution? and under what caselaw?
2 Answers from Attorneys
Re: wills and trusts in CA
Not likely. A trustee has a duty to provide accountings when reasonable requests have been made, either from other trustees or, especially, from the benefiairies.
They do not have a lawsuit for malicious prosecution because you have a right to receive the accounting as a matter of law.
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Re: wills and trusts in CA
Anybody can be sued for anything. I would discuss this concern with the attorney who is handling your trust petition.
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