Reno, NV asked in Estate Planning and Probate for California

Q: The trustee is discriminating against several benificaries and will not inform them of details of an accepted offer.

When I have asked to be informed, I'm denied any info other than I'll receive a settlement statement at close. The trustee is making errors and not letting anyone help. I'm a real estate Broker with knowledge. What can be done to receive information?

Related Topics:
2 Lawyer Answers
Jackie Marie Howard
Jackie Marie Howard
PREMIUM
Answered
  • Estate Planning Lawyer
  • Roseville, CA
  • Licensed in California

A: Get counsel to assist you in asserting your rights as a beneficiary. If it cannot be resolved informally, Court may be necessary to get the trustee's accounting and report, as well as, possibly remove the trustee due to breach of fiduciary duties.

1 user found this answer helpful

Julie King
Julie King
Answered
  • Estate Planning Lawyer
  • Monterey, CA
  • Licensed in California

A: Sometimes trustees do the right thing when a beneficiary’s lawyer sends a firm letter to the trustee listing the trustee’s legal duties and penalties for not complying with them. In other instances, trustees ignore the lawyer’s letter and the beneficiaries are forced to go to court. I always try the letter option first unless my client wants to spend the time and money going directly to court without my sending a letter because the beneficiary already asked the trustee in writing to give an accounting, etc. Bottom line, you definitely want to ask for everything you want in writing before going to court or a judge will be frustrated that you potentially could have resolved the matter without taking up any of the court’s time.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.