accounting from trustee & executor

What is the name of your state? CA
My brother is/was the executor of mom's estate. My portion of her will was put in a trust to be controlled by a trustee (his sole discretion). The trustee is a friend of my brother's, who I don't trust. (Don't trust my bro, either) I've asked for a complete accounting of both my trust and mom's estate, including my bro's expenditures. She died twenty months ago and the trust went into effect over a year ago. Should I send a certified letter to both my brother and the trustee? If so, what statute or law can I refer to so that they know I will take legal action if necessary? The trustee has told me he and my brother are both "working on" sending me an accounting of everything, but he's been saying that for over 8 months now.

Unless the trust does not require it, you could start with Cal. Prob. Code. 16060 and 16061 and 16062.

accounting from trustee and executor?

State CA
Thanks so much for your anwer! Shall I cite the same codes when I contact my brother, the executor of the will? What's the difference between the executor and the trustee, as far as disclosing information?

Don't just cite the codes, look them up and follow the process. Use the words from the codes in your letter(s). It's not that hard and you need to read 16064 as well. All this is available online.

letters to executor & trustee

thanks again--I read the codes, which, in part, describe what items should be in a report or an accounting. There is no mention, however, of what a beneficiary's rights are, as far as WHEN and HOW OFTEN the beneficiary has a right to receive a report. Somewhere, I think I read that a trustee has to provide an accounting when the beneficiary asks, plus at least once per yr. As far as the executor's reports to the beneficiaries, I haven't been able to find anything that mentions WHEN the beneficiary should receive a report. Those are still the remaining questions. WHEN is the executor (who is also a beneficiary in this case) required to hand over that information to the other beneficiaries? Where can I find a code or a statute that states that?

I'm not at the office and don't have the probate code, but the executor portions are similar. Use Google, it is your friend.

the probate code can be found at leginfo.ca.gov under california law.

use the search function to find what you need

If you have not already received a copy of the trust, you can get one and an accounting statement by sending the trustee a certified letter asking for such. It would be best if you had your attorney write the letter on your behalf so that the trustee will take it more seriously--he might ignore it if it came from only you.

Do you know how much you will be receiving from this trust or how much the will said you were supposed to receive? If you don't, you need to go look at the probate file at the county courthouse to see how the estate was handled. Did the trust say at what age you were supposed to receive your money and how it was to be used?

At some point in the future you will need to consult with a trust attorney to answer any questions you may have about how the trust is being administered.

DANDY DON IN OKLAHOMA ([email protected])