What are a Trustee’s rights and responsibilities?
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What are a Trustee’s rights and responsibilities?
My mother passed away 2 years ago leaving my older sister in charge (Trustee)as far as the properties and other assets that she owned. I lived in one of the properties that she owned due to my unemployment status. A couple of months later, my sister sent me a check stating it was from the property sale which was a lot less than what I was entitled to receive. She mentioned that I already advanced a large portion of the amount for the living expenses. I notice she hired a real state agency for the property sale. She has not or will not tell me or show me any transaction record at all. According to trust copy, it does not state she has rights to handle the whole process the way she did.
Asked on June 27, 2013 under Estate Planning, California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Under California law (Its Probate Code) your sister as the trustee under your mother's trust has the utmost duty of good faith, honesty, and trust as to you and an obligation to provide you with a written accounting and all back up documentation within a resaonable time period when asked by you. It appears that she has not done so. I suggest that you consult with a Wills and trust attorney to see what your legal options are.
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