Q: My cousin is listed in the trust as co-trustees but he has never been invited in the administration of the trust. We bel
We believed that the number1 trustee listed is doing manipulation of the trust. Trustee is not responding to our request for trust accounting. What is the role of a co-trustee. We want my cousin to exert his right as a co-trustees to have a check and balance. Recently the trustee sold a property worth 6.6M but our initial bank cheque is only 1.2k. We asked for accounting to validate the bank cheque but no response.
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- California
- (916) 704-3009
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A:
Under California law, a co-trustee has the same rights, duties, and responsibilities as the primary trustee. This includes managing the trust's assets, ensuring the trust's terms are followed, and acting in the best interests of the beneficiaries.
Your cousin, as a co-trustee, should be involved in all decisions and actions related to the trust. If the primary trustee is not including your cousin in the trust's administration, this could be a breach of fiduciary duty.
Regarding the property sale and the discrepancy in the distribution of funds, as beneficiaries, you have the right to a full accounting of the trust's transactions. If the trustee is not responding to requests for accounting, this is a serious concern and might necessitate legal action.
Your cousin can exercise his rights as co-trustee to demand accounting and transparency from the primary trustee. If the primary trustee continues to be uncooperative, it may be necessary to seek legal intervention to protect the interests of the beneficiaries and ensure proper management of the trust.
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