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Keith A Davidson

Keith Davidson’s Answers

128 total


  • How to request a full formal accounting?

    Keith’s Answer

    Requesting a full accounting does not reset the clock. But the good news is that under California law you cannot be limited to 60 days to object. You have a right to 180 days in which to object. Your objection MUST be made by filing in court. Sending written objections to the trustee will not preserve your objections. That means you should file in court ASAP. Plus, by filing in court you will have access to the subpoena power, which will allow you to obtain trust financial records directly from the source--always a good idea.

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  • Where is the jurisdiction of a Trust?

    Keith’s Answer

    While the place of administration is in Colorado, California still has jurisdiction over the Trustee. If a person agrees to act as Trustee of a California trust, then a California court can exercise jurisdiction over the trustee. This is for the purpose of filing a claim against the trust, or against the trustee, in court.

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  • How do I win with will litigation?

    Keith’s Answer

    I would need more facts to answer this question because a lot hinges on exactly what the Trust terms state. In California Probate Court, the judge has wide discretion to give you either the property or a monetary value, if the property is not available. I assume you are referring to personal items, such as jewelry or other family heirlooms. There are times when you can force the Trustees to give you this type of property and times when that is not possible. It all depends on the trust terms, and whether the personal property is still around for you to have.

    As for the costs for an accounting, that is usually paid out of the trust, so each beneficiary will pay a portion of the acounting fees.

    You certainly can speak up in court, if you would like to do so. The judge will not dismiss your case just because you want to be heard. But you do need to know the difference between a status hearing and a hearing or trial where arguments are allowed. Also, you should submit your position in writing before the next hearing date so the judge can read your arguments before you appear in court.

    There are limited instances when you can challenge a judge and be assigned a new judge. But your not going to find much of a difference with a new judge. The judge is allowed to make ruling in your case and the judge cannot be "held accountable" for failing to follow your mother's wishes.

    These are all very general answers. You really need to seek out a lawyer's advice to help you in this case.

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  • Can trustees of an ir-revocable trust transfer the property back to themselves individually?

    Keith’s Answer

    No they cannot do so unless the Trust allows for that (in which case it is probably not a irrevocable trust). In California there are ways in which to terminate an irrevocable Trust provided by the California probate code. Those are the only ways in which Trusts can be terminated.

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  • Trustee wont give beneficiary trust statements?

    Keith’s Answer

    There is an intermediary step here, you can ask for an "informal accounting"--that is an accounting that meets the requirements of Probate Code section 1061, but not have it filed in court. Once you review the informal accounting, then you can decide if you want a formal accounting filed with the court. An accounting that meets the format requirements of Probate Code section 1061 would give you all the information you need to understand the Trust transactions. You also should receive all the backup financial documents, such as bank and financial statements. You are entitled to that information (it is not "sensitive") and you should obtain a copy before signing off on anything.

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  • Need to know time limits on ex parte petition to remove Trustee?

    Keith’s Answer

    Typically, Ex Parte applications require 24 hour notice, but most courts, Orange County included, have moved to a system where you have to file your Ex Parte application with the court first, and then they give you an Ex Parte hearing date. You then have to give notice of that date. Typically the date is 5 days or so after you submit your Ex Parte application. Personal service is not required, Ex Parte notice is provided by phone to the Trustee's lawyer.

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  • How do I go about reviewing my trust that was giving to me I have all the documents I don't no how to go about it please help me

    Keith’s Answer

    I agree that you need to make a written demand to the Trustee to receive your share of the Trust fund. Have you ever obtained any financial information from the Trust, or an accounting? That would be a good place to start, by asking for an accounting. You can also ask for a timeframe for your distribution. This can all be done in a simple letter or email to the Trustee. The trustee then has 60 days to respond to your requests. If you do not hear anything, or the Trustee is not helpful, then you have to file a petition with the Court to force the distribution. It may be best to consult with a lawyer, but you can send a letter or email on your own to at least start the process.

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  • Probate: What are the ramifications of notifying the FTB of decedent's death AFTER the CA 90 days requirement?

    Keith’s Answer

    I agree, just serve your notice on the FTB. The FTB no longer provides a closing letter, so your estate can be closed without that, but the Court will require notice. As long as you have paid the taxes, you will be fine. If any taxes remain unpaid, then the FTB will come after you personally, so you may not want to distribute the estate or close the probate unless you are certain all taxes have been paid.

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  • What evidence is admissible in probate court as proof of your case?

    Keith’s Answer

    You do not need Probate Code sections 811 or 850 if there is a Court order for final distribution. All you need is to file a Motion for Contempt requesting that the Court hold the Executor in contempt of court for not make distribution according to the Court's order. And most Court's hate when their orders are ignored, so it is an easy argument to make. I agree with the first comment though, that you need to give the executor some time to perform before going into court, but after a few weeks, you should be good to go.

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  • Can a trustee of a trust enforced a note against me as an advance on my inheritance if they can't produce the original note?

    Keith’s Answer

    I agree that the note cannot be offset at this point. But that does not mean your sister will agree. You need to demand that she account for the estate without the note being offset. If she refuses, then you will need to file in court to protect your rights.

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