Trustee wont give beneficiary trust statements?
4 attorney answers
The Trustee cannot under California law make your receiving a distribution contingent on signing a waiver. Distribution should not be delayed by that either. As others have said, you also have a right to receive an accounting. Sign nothing until you get one that is satisfactory. You should consult with an experienced trust and estates attorney. They can demand that your share be immediately distributed, assuming the only delay is this attempt to wring a release from you, and also help secure the accounting. Avvo is a good resource for peer reviewed trust and estates attorneys in your County.
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.
Do not sign the waiver or receipt until you are satisfied with trustee execution of duties.
You are entitled to a formal accounting.
First step is to review information provided with your own trust attorney. Attorney may then wish to send information request to trustee to avoid necessity of complete formal accounting. Some negotiation may be necessary.
If trustee does not provide satisfactory responses, you may petition court to compel trustee to produce formal accounting.
Without satisfaction that the information you have been given is accurate, a formal accounting demand or at the very least, the retention of a lawyer to "negotiate" with the trustee to obtain the information you seek are your options. You are otherwise without resolution absent some proof of Trustee misappropriation.
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