Asked in Estate Planning and Elder Law for California

Q: As an out-of-state son (#1) and named beneficiary, how do I get a trust accounting from an uncooperative executor?

As an out-of-state son (#1) and named beneficiary, is it possible to get a trust accounting and a copy of the current (I've seen an older one) trust from a completely uncooperative other son (#2) who is the executor and POA? He keeps moving my mother to different facilities (early alsheimers) around when he finds out I'm contacting my mother. A third son (#3) sent me credit card statements with a lot of spending my mother neither would nor could make. When I call the brother who is the executor, he hangs-up when I ask about my mother.

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

A: Unfortunately, you may have an elder abuse situation on your hands. Elder abuse includes both physical abuse and taking advantage of someone with limited mental capacity by spending all their money. I'm sorry to say it sounds like you need to hire a lawyer because your brother won't cooperate with you. Perhaps a demand letter from a lawyer will wake up your brother. If not, you will be forced to go to court to remove your brother as an agent of your mom and ask the court to order your brother to repay your mother all the money he's taken. Best wishes.

Howard E. Kane
PREMIUM
Howard E. Kane
Answered
  • Estate Planning Lawyer
  • Oakland, CA
  • Licensed in California

A: In California, there are three steps to getting a copy of a trust document:

1) Make a written demand for a copy of the trust and its amendments, if any;

2) Wait 60 days; and

30 If you do not receive a copy of the trust within 60 days of making your written demand, file a petition with the probate court.

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