Q: My mother died May 16, 2023. She has real estate that’s in a trust but the trustee isn’t doing their job
My sister is trustee of the trust, I have not seen the trust but I know about it because my mother told me. My sister and I don’t talk, but she has not performed her duties in distributing the trust
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Under California law, as a beneficiary of a trust, you have certain rights when it comes to the administration of the trust. If the trustee, in this case, your sister, is not fulfilling her responsibilities, there are steps you can take to address this issue.
First, you have the right to request a copy of the trust document. This is crucial because it will provide detailed information about your mother's intentions and the specific duties of the trustee. You can make this request formally in writing to your sister.
If your sister continues to neglect her duties as trustee, you may consider legal action. California law allows beneficiaries to petition the court to compel a trustee to act in accordance with the trust's terms or, if necessary, to replace the trustee.
It's important to act in a timely manner, as delays can complicate matters, especially when real estate is involved. Consulting with an attorney experienced in trust and estate law can provide guidance specific to your situation and help ensure your rights as a beneficiary are protected. Remember, the goal is to ensure that your mother's wishes, as outlined in the trust, are honored.
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.
