Q: The trustee is in total disregard of our plea to be transparent and provide us schedule of assets and accounting. It's
It's been 16 months since my Auntie passed away but the trustee hasn't provided all the information that we need. The trustee had engaged an attorney whom we thought would help and guide them in the right administration of the trust, and in the right direction but, it seems what's happening are the other way around. Trustee advised us beneficiaries to direct our questions and request to this attorney but it seems we are in total disregard. We email the atty numerous times almost begging to please provide us trust accounting and the underlying accounting in regards to the 1st distribution upon selling a property worth 6.6M but no respond. We can't help but to assume that the trustee is preventing the attorney to answer rightfully. Shouldn't the attorney uphold the law? The trustee's attorney should steer his/her client to do the right thing knowing full well of the laws. Can please somebody help us.
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- California
- (916) 704-3009
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- Answered
A:
Under California law, trustees have a fiduciary duty to act in the best interests of the beneficiaries, including being transparent and providing necessary information like the trust accounting and schedule of assets. If it has been 16 months since the passing of your aunt and the trustee has not provided this information, they may be failing in their duties.
The attorney representing the trustee is obligated to guide their client in compliance with the law. However, their primary obligation is to their client, the trustee, and not directly to the beneficiaries. If you feel the trustee's attorney is not facilitating the necessary transparency, this could be a matter of concern.
Given your situation, it might be prudent for you and the other beneficiaries to consult with your own attorney. An attorney can help you understand your rights as beneficiaries and can take steps to ensure the trustee fulfills their obligations, including providing the trust accounting and other necessary information.
If the trustee continues to be non-compliant, legal action may be necessary. Your attorney can assist you in determining the best course of action, which might include petitioning the court to compel the trustee to provide the required information or even seeking their removal if they are found to be in breach of their fiduciary duties.
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