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Maverick
Maverick, Attorney
Category: Landlord-Tenant
Satisfied Customers: 5767
Experience:  20 years experience as a civil trial and appellate lawyer
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California attorney, Looking for estate attorney of

Customer Question

california attorney
JA: Have you talked to a lawyer yet?
Customer: Looking for estate attorney of California to answer my questions please
JA: Anything else you think the lawyer should know?
Customer: Need to find out, if there are no statutes of limitation for beneficiaries to request a pre-death accounting from My sister, the sole care-taker, now current trustee. Because at the death, funds turns to $0 I need specifically estate lawyer, and specifically a California one, please
Submitted: 3 months ago.
Category: Landlord-Tenant
Customer: replied 3 months ago.
Girding estate case for pre-death accounting started 5 years after the decease I recalled.If there are statues of limitation, how is the "discovery defined"?
I started to find the facts myself on Father's decease year.
But,
1.Sister mislead me that pre-death assets are not included in trust estate, hence there is only $0 left, and what she paid pre-death became debts collectible owing her as current trustee
2. Bank blocked activities statements for only trustee can access
Cause there are cultural gaps/legal experiences/fear of no-contest trust articles, bones problems etc., I did not approach further while staying abroad 4 years. This month, I came back and finally managed to get one bank statements showing suspected check number transferred.
Can the discovery be counted from this point, if there are statues of limited bar me to pursue. Previously, it's impossible to be done.
Customer: replied 3 months ago.
If a pre-death accounting finally provided, when to start counting the statutes of limitation to claim back damages, or even disinheriting trustee as Trust article rules.
Expert:  Christopher B, Esq replied 3 months ago.

error.

Expert:  Maverick replied 3 months ago.

Welcome to Just Answer (“JA”)! My name is Maverick. Please give me a few minutes to review, analyze and/or research your inquiry and I will be back. Thank you for your patience.

Expert:  Maverick replied 3 months ago.

Its a little difficult for me to understand all that you are asking; but this CA Sup. Ct. case from 2012 may answer you basic inquiry. The Court declines to address this issue but seems to imply that there is no statute of limitations for you to request an accounting. It states in part:

Timothy argued in both the trial court and the Court of Appeal that the beneficiaries brought this action too late, that is, that it is time-barred by the statute of limitations or doctrine of laches. We express no opinion on this point, but this action is not premature simply because Mary is still alive.

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Customer: replied 3 months ago.
The grantor was deceased 2012, I could only discovery informally by myself for bank funds transfer suspected, due to 1.current trustee(sole caretaker) misled
2.banks blocked info unless I were the trustee.
What this mean by "We express no opinion on this point, but this action is not premature simply because Mary is still alive." English is not my mother togbune.
Does the "accounting" include both pre-death and after-death account?* One bank provided me pre-death statements just now beyond 4 years. Can we count now as statues of limitation starting point, if courts decide there are statues of limitation instead of the decease date 2012?
* Once I successfully get the pre-death statements and find the evidences, but the decease is April 2012, am I too late for claim the damages?
Customer: replied 3 months ago.
2012 the case is decided, but when is the time the case was started is very significant regarding statues of limitation
Customer: replied 3 months ago.
I see, it means even the survivor spouse is still alive, beneficiaries still have rights to get pre-death account and surcharge.My questions remain:
* One bank provided me pre-death statements just now beyond 4 years. Can we count now as statues of limitation starting point, if courts decide there are statues of limitation instead of the decease date 2012?
* Once I successfully get the pre-death statements and find the evidences, but the decease is April 2012, am I too late for claim the damages?
Expert:  Maverick replied 3 months ago.

In my reading of the case, there really the court is implying that statute of limitations is not really an issue in the context you are asking. If one serves a Trustee’s notice under Probate Code section 16061.7, then the beneficiary has 120 days in which to file to contest the Trust terms. As for actions as Trustee, that statute remains open indefinitely unless the trustee provides an accounting to the beneficiaries. Once an accounting is provided (assuming it fully discloses all actions taken as Trustee), then the beneficiary has three years to sue the Trustee. If the trustee files an accounting in court and seeks court approval, then the beneficiary must either object prior to court approval or be forever barred from suing the trustee for everything reported in the accounting.

Customer: replied 3 months ago.
2013 1st accounting for 2012, the decease year, did not disclose all the estate. Funds hidden in trustee's joint account, unable to be accessed by the beneficiary, unless be sued any.2016Second accounting for 2012-2015, added with later year finance, is a combination, still leaving out pre-death-taken-fundsCan I sue for the pre-death accounting (without limitations) , disregarding the trustee-given reconciliation which triggers the start counting of limitations.
Expert:  Maverick replied 3 months ago.

It may be helpful for us to do a phone call on this as it is difficult to understand what you are saying here. The cost of that is $15 more. I will send you an offer. If you accept it, please come back and type in your phone number here so I can call you.