QUESTION

What are my rights as beneficiary of a trust when the trustee refuses to carry out any of the duties or distribute assets?

Asked on Jan 15th, 2018 on Trusts and Estates - California
More details to this question:
My sister and husband are co-trustees for my mother's estate trust. They have not provided any updates or accounting since 2013 when my mother passed. I have asked for an accounting and was told they do not have time to do it. I do not know how much is in the small estate and did not push hard because it is probably less than 30K. However, they are just ignoring their duty and I think may have kept everything for themselves. How do I solve the problem without incurring a lot of legal fees? Can I take them to small claims court?
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1 ANSWER

Estate Litigation Attorney serving Redlands, CA at Price Law Firm, APC
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You should have an attorney send a demand letter for a copy of the trust, an accounting, and information regarding the trust.  If they don't comply, then you must file a petition with the probate court.  The probate court has exclusive jurisdiction over trust matters.
Answered on Jan 15th, 2018 at 5:47 PM

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