Q: Living trust with two parties the surviving spouse was named executor in the will my two siblings were also named as co-
Executors but everyone lied to me in hopes I wouldn't find the case online. It was two different petitions for the same case one was the spousal property petition based on two bank accounts in my dad's business names. was supposedly approved per the minutes but the order was not signed until the hearing to administer the estate in which her lawyer withdrew the case as soon as I showed my interest and expressed my concern over the existing of a trust I was never provided a copy of. property petition was signed by the judge but 100% was crossed out and only 50% was awarded. I was advised by the lawyer this was supposed to happen as it brought the amount down to where she was able to obtain the other half. She died before ever getting me an accounting but don't the name co-executors have the same fiduciary responsibility to account to me how is it that they're telling me my mom inherited everything including the insurance that was labeled in the trust how do I get an accounting before I
A:
The situation you're describing involves complexities in estate administration, particularly with a living trust and the roles of executors and trustees. When a surviving spouse is named as executor, and there are co-executors like your siblings, each has fiduciary duties to the beneficiaries, which includes you. These duties entail managing the estate honestly, prudently, and in accordance with the terms of the will or trust.
If the will and trust documents are not being followed, or if there's a lack of transparency in the administration of the estate, beneficiaries have the right to seek an accounting. An accounting should detail all transactions, including distributions and expenses of the estate. As a beneficiary, you are entitled to this information to ensure the estate is being managed properly.
If the co-executors are not providing the necessary accounting or if there are concerns about mismanagement, you have the option to petition the probate court for intervention. The court can order an accounting and take necessary actions if fiduciary duties are not being met.
It's also important to understand the specific terms of the trust and the will, as these documents govern how assets are distributed. The change from 100% to 50% in the spousal property petition you mentioned suggests a modification in how assets were allocated. It’s crucial to review these documents and the related court orders to understand your rights and interests in the estate.
If you're facing challenges in obtaining information or believe there's mismanagement, you may need to consult with an attorney who has experience in trust and estate law for specific guidance and potential legal action.
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