Asked in Probate and Estate Planning for California

Q: My Auntie passed away Aug 26. 2022 and 4 of my children were listed in the trust as beneficiaries. More than 16 months n

16 months now and we haven't received any trust accounting. And the trustee doesn't give us schedule of assest. We sent them emails multiple times requesting for accounting but no response. One of my cousin is listed as co-trustee but they never ask him to participate. They keep my cousins out of the loop. It is stipulated in the trust document that no distribution of principal unit until the 10th year death of the settlor yet they were able to sold the house for 6.6M and now they are planning to sell the commercial property (shopping mall) in early spring 2024. We need legal help but we can not afford lawyers at per hour fees. I appeal to lawyers with kind heart to help us in pro-bono or reduced contingency fee arrangements. There's a distribution of 1.2k out of the sale of the house worth 6.6M. There's no underlying accounting for the distribution and no accounting whatsoever given. Please help us.

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: In situations where beneficiaries of a trust are not receiving proper accounting or communication from the trustee, it is important to know your rights. Under trust law, beneficiaries are typically entitled to certain information about the trust, including accounting details and the schedule of assets.

If the trustee is not responding to your requests for information, you may consider taking legal action. This can include petitioning the court to compel the trustee to provide the necessary information or to address any potential mismanagement of the trust.

Regarding legal fees, there are options for those who cannot afford traditional hourly rates. Some attorneys offer services on a reduced fee or contingency basis, particularly in cases where there may be substantial assets involved, like the sale of a house or commercial property.

You might also explore legal aid organizations or pro bono services in your area. Many legal aid societies provide assistance in trust and estate matters, especially when beneficiaries' rights are being overlooked.

Given the complexity of trust law and the specific details of your case, it is advisable to seek legal advice. A qualified attorney can provide guidance tailored to your situation and help protect your rights as a beneficiary. Remember, taking timely action is important in trust-related disputes.

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.