QUESTION
Is the trustee still required to provide requested information after the court approves her actions?
Asked on Oct 08th, 2013 on Estate Planning - California
More details to this question:
The trustee of our trust in California has successfully petitioned the court and had her actions and accounting approved through the end of 2011. I understood this to mean that she is no longer liable for her actions or accounting from that period unless fraud was committed. The trustee claims she is no longer required to even provide information from that period when requested by a beneficiary. Which is correct? It seems like it would be difficult to ever prove fraud if the trustee was allowed to keep that information sealed.
4 ANSWERS
David Thomson Egli
A beneficiary's right to information is contained in California Probate Code Section 16061. That section provides: provides as follows: "Except as provided in Section 16069, on reasonable request by a beneficiary, the trustee shall report to the beneficiary by providing requested information to the beneficiary relating to the administration of the trust relevant to the beneficiary's interest." Sections 16061 and 16069 do not permit a trustee to refuse to give information simply because it is from a period for which the trustee has already provided an accounting, whether or not approved by the court. The trustee, however, could refuse to provide requested information to a beneficiary either because the request is unreasonable or the information is not relevant. If the trustee refuses to provide information, a petition can be filed to have the probate judge to determine whether or not the trustee should provide you the requested information. I think seeking information from a prior period should be more than fishing for evidence of wrong going. Judges like matters to be settled and there were opportunities to seek more information before the account was settled.
Answered on Oct 09th, 2013 at 4:28 AM
Edwin K. Niles
If her actions were approved, she probably filed the required info with the court. Take a look at the file; its public.
Answered on Oct 08th, 2013 at 2:21 PM
2 Awards
If you had questions for the approved period, they should have been brought up before the actions were approved. That said, if you have very specific requests, the trustee should provide you the information. If the request however relates to something approved, the only way you can bring it up at all is by proving fraud. Proving fraud is difficult in most circumstances and the information you would get to prove the fraud is generally never going to be turned over by the trustee anyway.
Answered on Oct 08th, 2013 at 1:03 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Trustee can be compelled to provide the information requested including the time period the trustee petitioned for approval. Obtain yourself a probate/trust litigation attorney to assist you. The real question here is did you have notice of the petition and the contents, and if you did, did you have an opportunity to file an objection to the accounting provided in the petition.
Answered on Oct 08th, 2013 at 1:01 PM