Asked in Estate Planning, Elder Law and Probate for California

Q: My brother, the trustee, gave us each a check and refused to hand over any sort of reporting. Is this legal?

My father passed in sept, there are 3 of us, and the trustee wants to keep details to himself.

2 Lawyer Answers
Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in California

A: Trustees must provide an accounting regularly and upon demand, otherwise you may file a motion for accounting in Court. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

1 user found this answer helpful

Alice A Salvo
PREMIUM
Alice A Salvo
Answered
  • Estate Planning Lawyer
  • Woodland Hills, CA
  • Licensed in California

A: Your brother cannot just give you a check. He must send you a formal accounting. You should consult an attorney before cashing the check. The appropriate attorney will send your brother a demand letter demanding an accounting. If your brother does not comply, then the attorney may go to court to compel the accounting.

1 user found this answer helpful

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