Spring, TX asked in Estate Planning for California

Q: Trustee has done nothing to liquidate assets after 3 years. Lawyer dropped us, what are the steps we can take?

My aunt died 3 or so years ago and she left a trust. The trustee has done nothing to liquidate the assets or to get the funds distributed. We did have a lawyer but the lawyer has dropped us. I am trying to figure out what we can do to get this taken care of. I am in Texas but my aunt lived in California.

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1 Lawyer Answer
Sheri Lynn Hoffman
Sheri Lynn Hoffman
  • Estate Planning Lawyer
  • Folsom, CA
  • Licensed in California

A: As a beneficiary you have the right to petition the court for instructions and to force the trustee to take action. If the trustee has also breached their duties, you could in the same petition ask to have the trustee removed and/or ask for damages against the trustee.

If you haven't received an accounting in the past 6 months, you will need to request one in writing prior to including that request to the court. A trustee has 60 days to provide the accounting and if they don't you can also request that the court order one but only after the 60 days has past (unless their is a compelling reason why you can't wait the 60 days).

Sally Bergman agrees with this answer

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