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
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.
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