I think successor is not playing fair

[ginlee2]

What is the name of your state (only U.S. law)? California

Father passed away a month ago. The trust agreement states that my sister is the successor/trustee and I am the other trustee. Everything is to be divided equally. My dad had a saving deposit box...but I am not allowed to find out what is in it. Sister tells me that only papers are in it. Next, her name is dads checking account because dad had her pay his bills. Now she has been writing a lot of checks on the account and told me that she will close it shortly and will tell me how much I will get. How can I get statements to that account. I am willing to hire an attorney if that will help me.

 

[tranquility]

Ask her for an accounting.

 

[ginlee2]

I did do that and she said that all I need is the balance and not the statements. She says that she has all the check numbers that she has written on the account. But unless I can get the bank statements then i can not prove that she did not take out extra money. Help please.

 

[Zigner]

If the sister's name is also on the checking account, it's quite possible (dare I say, likely) that the money in that account is now hers.

 

[ginlee2]

Sister was given power of attorney right before father passed away. But the trust identified the checking/savings account. She has to show death certificate to close the account. So you are saying that I will never be allowed the statements on this account because sister was allowed to sign checks for our dad. Does she have to show the accounting to somebody to close the trust and if so who would that be. Maybe I can fight it at that time. Thank you for your help.

 

[anteater]

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=16001-17000&file=16060-16069

Your descriptions are inconsistent:

Next, her name is [on?] dads checking account...

Sister was given power of attorney right before father passed away.

What Zigner was suggesting is that, if the account was never transferred into the name of the trust and sister was made a co-owner, then the trust document may be irrelevant and sister may be the account owner now due to right of survivorship. (Absent a court action to declare the account to be part of the trust.)

 

[tranquility]

Ask for an ACCOUNTING.

Contents of a California Probate or Trust Accounting - Avvo.com

CA Codes (prob:16060-16069)

Chapter 4. Accounts :: Probate Code :: 2010 California Code :: California Code :: US Codes and Statutes :: US Law :: Justia