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How to object to accounting of trust

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Benef921

New member
The trust was created by my mother, in California. She passed away in 2013. There are three beneficiaries, myself and 2 older sisters, and none of us live in California any more. The oldest sister is now the Trustee and she lives in Colorado. In the notifiction she mailed out last September (5 years after she became Trustee) she lists the principal place of administration as her address in Colorado. Yet it was a California form she mailed out. She has also hired an attorney in California (using trust funds to pay for it), not to represent the Trust but to represent her in her capacity as Trustee. She only contacts me through this attorney. I am confused as to where the jurisdiction is for court matters regarding this Trust - is it California or Colorado?

Recently I received what is claimed to be a final accounting and proposed distribution. I have many objections to it and I believe it contains errors. There is even an implied threat in the cover letter to assess me $112,484 in rent, but it is waived if I sign off on the accounting wihin 30 days. This is impossible because there was never any rental agreement and in fact I have 2 emails from the Trustee stating "no rent." There are inaccuracies in the accounting, valuations of personal property that seem way too low, and there is no backup documentation of any kind.

According to the trust document I have 60 days to make an objection. That time period is ending in about 3 weeks. I do not have an attorney yet, and I am confused whether I need a California or a Colorado attorney. Can I send a written objection to the Trustee's attorney myself? If so exactly how do I word it? Or do I need to have an attorney send it? Does my written objection carry any legal weight? Does it "stop the clock" on the period to object or the process of getting the accounting approved by a court? As a beneficiary do I have the right to request a full formal accounting of the trust, with all receipts and bank statements?
 


adjusterjack

Senior Member
Unfortunately, you either need a lawyer (where you live will do) or you need to accept the disposition of the trust as is because, I am sure, that anything you write to the trustee's lawyer is likely to be ignored because you have no leverage without a lawyer.

As a beneficiary you have lots of rights but none of them mean anything if you don't know how to enforce them. Strangers on legal websites are not allowed to give you step by step legal advice.

A lawyer knows how to tie up the trust in court if necessary. You don't, and your sister is depending on that.

If there is big money involved, hire a lawyer.
 

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