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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92702
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My grandmother passed away on June 13th 2012. Yet he did not

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My grandmother passed away on June 13th 2012. Yet he did not begin his accounting for her money until 7/6/2012. I read somewhere that he needed to begin immediately. What is the law in California?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

The estate in CA cannot be actually opened (filed in court) sooner than 30 days following the date of death. Waiting for less than 30 days to make an accounting by the executor/administrator is not against any laws in CA, as the courts hold it is the duty of the administrator/executor to make an accounting of the estate as soon as possible from the death. There is no CA code stating the accounting has to be made immediately or even within any specific time period and, in fact, many estates never even have a proper accounting.



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Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92702
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 3 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

The money that I am entitled to right now is the net income and 500.00 per month from the principal. The net income right now comes from a payment my uncle was making to my grandmother each month and now that she has passed it goes to the trustee. My grandmother passed away on the 13th and my uncle made his payment within a few days of this but we are not sure it was before she passed. Someone must have forged her signature because according to this 4th amendment we knew nothing about she was unable to sign her name at all in November 8 months prior to her passing away. A company that was providing home care for her that was paid a week in advance cleaned out her checking account right after she passed away. Am I entitled to copies of the billing statements from this company?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

No, if you are not th executor of the estate or trustee of the trust you are not entitled to copies of the billing statements. The executor or trustee would be entitled and should also be pursuing a theft complaint against the company and if they are not doing so and are not properly proceeding to close the estate then you can get an attorney and sue to remove the trustee for breach of fiduciary duty to the estate.

As far as the money you are due from the estate, until the estate is settled and closed by the court, no distributions can be made from the estate.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92702
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 3 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

 


I told the trustee they had done that while in town for her memorial service. His response was that health care in these situations is very expensive. I said, it was very expensive but she still paid them a week in advance and they still needed to refund her for that week as opposed to going into her account and cleaning it out. The first bill he paid was to another attorney and the second bill he paid was to the same company for 3300.00.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

I am afraid that the only other thing you could do is seek to remove the trustee for breach of duty to the trust/estate for not pursuing assets of the estate and seek to take over to pursue the claim of the estate. However, it is up to the trustee to take action on behalf of her estate.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92702
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 3 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
I lost the link to down load anything can you please send it again. The trustee added in notes from my uncle back on 8/1/12 in the amount of 385,846.78 under the heading of Trust Receipts. This is money my uncle owes and is making a payment on each month. The trustee is an accountant and I am not by any means but to me it seems he is counting the same money twice when he then includes the payment each month from my uncle. I feel is overcharging me based on an amount which is an error. He has so far charged me 2,875.00 in trustee fees, 388.52 in trust admin fees and 944.00 in Legal fees since June last year.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response, I do not know what link you are referring to.

This is something you must be taken up against the trustee in court, this is why I told you that you have to bring him to court for breach of fiduciary duty as he is playing games in charging the estate based on what he owes the estate and this can be theft or misuse of the trust.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92702
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 3 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
desiSomeone said that the trustee is supposed to charge the estate 1% per year is this true? Here is the last thing that was said about getting rid of the trustee. His lawyer is the one who wrote it and he is named as an alternate so getting rid of one will only result in what I would think would be an even higher rate of pay. I know the first trustee does not want to be the trustee anymore because his attorney accidently forwarded it to me and it states he no longer wants to be the trustee because we are too much of a pain. I have had a couple of people look at this and some say I can choose a new trustee if I want to anytime and others say no I have no say what do you think?"7.2 Successor TrusteesIf the office of trustee becomes vacant by reason of death, incapacity, or any other reason,and no successor trustee has been gnated under any other provision of this trust instrument,then xxxxxxx shall serve as successor trustee. If xxxxxxx is or becomes unablefor any reason to serve, yyyyyyyy shall serve as successor trustee. Any suchdesignation may be revoked or amended at any time. If none is so appointed, then a new trusteeor set of co-trustees shall be appointed by majority vote of the adult beneficiaries of the trust whoare then entitled to receive income under the trust, or who would be entitled to receive adistribution of principal from the trust if the trust were then terminating, and who when have thelegal capacity to give such a vote. If a majority of the beneficiaries are unable to agree on a newtrustee or co-trustees, a new trustee or co-trustees may be appointed by the court."FOURTH:

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