Question

What can I do if the trustee of a California trust will not provide me with information?

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Kimberly D. Neilson - Elder Law - Super Lawyers

Answered by: Kimberly D. Neilson

Located in San Diego, CAFrisella Neilson, APC

Phone: 619.260.3500
Fax: 619-260-3600

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Answer

An heir or beneficiary of a trust is entitled to certain information about the trust from the trustee, including a copy of the trust once the trustor has passed away. The beneficiary is also entitled to an account by the trustee of his or her financial actions as they relate to the trust. If a trustee is misappropriating or wasting trust assets, failing to make required distributions, or failing to account to the beneficiaries or keep them informed of the trust administration, the beneficiary has rights and remedies under the California Probate Code.

A beneficiary may dispute the trustee's acts or failure. This can involve petitioning the court for relief and asking the court to order the trustee to provide the requested information, follow the terms of the trust, or the court may determine to remove the current trustee and replace him or her with another individual who will carry out the terms of the trust appropriately. 

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

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