Trustee Breach Of Duty

Summary

In California, trustees must notify all beneficiaries under probate code section 16061.7. If a trustee fails to do so, beneficiaries can file a petition for breach of fiduciary duty. The statute of limitations is generally 3 years from when the breach is discovered. Relevant cases include Estate of Hartzell and Estate of Bosco, which ruled in favor of beneficiaries. Consult a probate attorney for specific advice.

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This is from my grandmas trust, ". One-third (*/3rd) share to Trustor’s daughter ESTHER RIOS, if she survives Trustor. If Trustor’s daughter ESTHER RIOS does not survive Trustor, then the share she would have taken had she survived Trustor shall transfer and distribute in equal shares to the children of Trustor’s daughter ESTHER RIOS, who survive Trustor. If none of the children of Trustor’s daughter ESTHER RIOS survive Trustor, then the share they would have taken had they survived Trustor shall transfer and distribute to Trustor’s residue estate; and" . My grandma recently passed away but then before the distribution my mother esther rios passed away . My question is why my uncle the trustee for my grandma, never contacted me and why my stepdad and my mom's surviving spouse recieved my mothers share and not me or my sister
Hello ****. Based on the trust's language, you and your sister should inherit your mother's share equally if she passed away before your grandmother. Could you please provide your location so that I can offer more precise legal information?
My grandma died in july of * and then my mother in February * but before the distribution was given out from my grandmas trust
Hello ****, it seems there might be a potential breach of fiduciary duty by the trustee. Here's what you should know:
- The trustee is obligated to follow the trust's terms.
- Any deviation may be considered a breach of duty.
- You have the right to challenge this in court.
- Your location is needed to provide more specific legal advice.
California
Hello ****. Given your location, California law applies. Here's what you should know:
- In California, the probate code section *.* requires the trustee to notify all beneficiaries.
- You have the right to request a copy of the trust.
- If a trustee violates the terms, you can file a petition in the Superior Court.
For specific legal advice, consider consulting a local attorney.
I was never notified about anything tho.. the only reason why i now know this is because i was researching my mom's probate case and so happened to come across my grandmas trust in my mother's paper work
Hello ****. It seems like there might have been a violation of California probate code section *.*.
- You have the right to petition the court for breach of fiduciary duty by the trustee.
- You may also demand an accounting of the trust.
Consider consulting a probate attorney for guidance.
Please elaborate this section
Certainly, ****. Here's what you need to know:
- "Breach of fiduciary duty" means that the trustee didn't fulfill their obligation to act in the best interest of the beneficiaries.
- Filing a "petition" means formally asking a court to make a legal decision.
- An "accounting of the trust" means a detailed report of all financial transactions related to the trust.
- A "probate attorney" specializes in laws relating to estate and inheritance. They can guide you through the legal process.
What are the statutes of limitations
Hello ****. In California, the statute of limitations for a breach of fiduciary duty claim against a trustee is:
- Generally 3 years from the date you were made aware of the trustee's actions.
- 4 years from the date of the breach if it was concealed.
- Consult an attorney for specifics to your case.
So that clock didnt start till * weeks ago when i found the trust?
Hello ****. Typically, the statute of limitations begins when you become aware of the potential breach. So, if you discovered the trust and the possible breach * weeks ago, that's likely when the clock started. Please consult with a local attorney for precise advice.
Can you find me related cases that i could reference and cite
Hello ****. Here are some cases that may be relevant:
*. "Estate of Giraldin, * Cal. 4th * (*)" - In this case, beneficiaries sued the trustee for breach of fiduciary duty before the trustor's death.
*. "Moeller v. Superior Court, * Cal. 4th * (*)" - This case discusses the trustee's duty to provide accountings to beneficiaries.
*. "Estate of Heggstad, * Cal. App. 4th * (*)" - This case deals with assets that should've been in the trust but weren't.
Please consult with an attorney to understand how these cases could apply to your situation.
Cases related to the trustee not notifying beneficiaries heirs , or trustee distributing money to Non-Beneficiary
Hello ****. Here are some cases that may be relevant:
*. "Estate of Hartzell, * Cal. 4th * (*)" - This case discusses the trustee's duty to inform beneficiaries.
*. "Estate of Bosco, * Cal. App. 4th * (*)" - This case pertains to the trustee distributing assets to non-beneficiaries.
Please consult with an attorney to understand how these cases could apply to your situation.
Which of these cases went in my favor
Hello ****. Both "Estate of Hartzell, * Cal. 4th * (*)" and "Estate of Bosco, * Cal. App. 4th * (*)" resulted in decisions favorable to the beneficiaries. Please consult an attorney to understand how these cases could apply to your situation.