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originallawyer
originallawyer, Attorney
Category: Estate Law
Satisfied Customers: 840
Experience:  9+ years of experience in writing wills and probating estates in a variety of ways.
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Hello My sister was executor on a family trust which included

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Hello
My sister was executor on a family trust which included the sale of a Home that was included in the will. I received a check for certain amount with a letter stating the amount of the check reflected back taxes I had owed being paid off. Last week I was informed by the IRS that they had not received any payments. Can I obtain any documents regarding the sale and distribution of the proceeds that each of us were entitled to? My sister and I are not speaking to one another as well .
Thank you
Joanne walden
It depends on whether or not the trust is closed out or not. If the trust isn't closed, then you do have the right to ask for an accounting of where the proceeds of the home went. However, as you've likely come to understand, you'll have to pay the IRS first and then go after your sister if she misappropriated funds, since the IRS frankly doesn't care about family situations, they just care about getting their taxes.

Here is the relevant code section in California:

http://law.justia.com/codes/california/2005/prob/17200-17211.html

You are allowed to petition the court to essentially force her to do this. This is called a Petition to Compel Accounting.


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Customer: replied 3 years ago.
Thank you. How do I find out if the
Trust is open or closed?
You can call the court that handled the administration of the Trust, if her attorney will not tell you. The court can confirm whether or not the trust has been closed out. They may charge you a fee to look it up, or they may do it for no charge, every court handles it differently.