Estate Law Questions? Ask an Estate Lawyer.
Hello. My name is ***** ***** I am a licensed trust and estate attorney. I hope I may be of assistance with your issue. When a trust beneficiary objects to a trustee's petition, the objection(s) must be limited to the scope of the petition. Otherwise, the objection will be disregarded. "Evidence offered on an unpleaded claim, theory, or defense is irrelevant because it is outside the scope of the pleadings." California Bank & Trust v. Lawlor (2013) 222 Cal.App.4th 625, 637, fn. 3.
Attached is a sample of what the heading of the objection should look like.
First and foremost DO NOT waive any accountings, especially if you believe there may be falsehoods.
Next it is the same objection even if it is a conservator. Basically you just go line by line stating each objection.
I highly recommend utilizing an attorney to prepare the objection. This is due to the fact that this may need to go further, such as petitioning to remove the trustee, or even asking for sanctions.
Also if the court finds the trustee acted inappropriately they may order the trustee to pay your attorney's fees.
As long as you do not Waive the accounting, then the trustee is required by law to prepare and file an accounting.
No problem. I know it sometimes seems overwhelming but you do have recourse for demanding an accounting and even objecting to the accounting.
This is not the first time I've heard a similar story between siblings. It's very frustrating and disappointing but you have to remember you do have recourse in the courts and to not give up. You have every right to see and review an accounting of the accounts.
Good. That is important information to have and will help guide you in this process.