trustee of our mothers trust is 9 months past the due date of selling the house that mom wanted trust ended 2 years after her passing . what can i do to fix this without a lawyer ?
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trustee of our mothers trust is 9 months past the due date of selling the house that mom wanted trust ended 2 years after her passing . what can i do to fix this without a lawyer ?
trustee refuses to keep me up to date with how he is handleing the selling of the house. I asked him for a walk in tour of the house to see what was the hold up all these months. he left me a voice-mail saying,’ You said something about a up date walk in tour of the house,yeh that’s not gonna happen’. he has been abusing his power of trustee since he got it 4 months before she passed. The market is peeking right now,he could end up costing my sister and I thousands of
Asked on October 2, 2019 under Estate Planning, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
A beneficiary of a trust may file a kind of legal action traditionally called an action "for an accounting" against a trustee whom he or she believes is not following the terms of the trust (i.e. the instructions), or is being disloyal to the beneficiaries, or is being careless with the trust's assets. This kind of legal action does what the term implies: it asks the court to make the trustee "account for" what she has been doing. If the court determines that that the trustee has been doing something wrong, it can order her to do or not do certain things, to repay monies she cost the trust, or can remove her and replace her as trustee.
This kind of legal action can be procedurally complex for a layperson (nonlawyer). Given that there seems to be a lot a stake--you mention selling a house--it would worthwhile to retain an attorney to help you.
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