Chino, CA asked in Estate Planning and Legal Malpractice for California

Q: The executor/trustee of my mother's trust has not provided an accounting with bill payments, receipts, actions, etc.

The executor/trustee of my mother's trust has not provided an accounting with bill payments, receipts, actions, etc. An accounting with hard numbers was sent after one year and after repeated requests with no back-up. She has ignored all requests. I believe she allowed the real property in the trust to be placed in pre-foreclosure and the trust had to pay penalties, late fees, etc. How do we get the proper information from her? Emails between my sister and the reverse mortgage company stating the the executor/trustee did not contact them to extend the mortgage. In the email they stated they were willing to extend but the executor did not get in contact with them.

1 Lawyer Answer
Genene N. Dunn
Genene N. Dunn
  • Estate Planning Lawyer
  • Tustin, CA
  • Licensed in California

A: You usually have to start with a request as you have done so and the law typically gives them 60 days to respond. If you still aren't provided with the proper information by then your only recourse is to file a trust petition with the court. This is not a full lawsuit, but rather a petition asking for certain things from the court. It could result in litigation, but it does not automatically go there.

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