maidao2001
Member
What is the name of your state? CA
I filed a petition to order the trustee to account - I am not a lawyer, but after my bad experience with the first probate lawyer I hired I spent a little time in the law library and figured out how to write and file the petition. My intentions are to get the accounting, and then hire an attorney, if necessary. The reason why is because I am fairly certain that the trustee is concealing an asset, and I want to make sure he is doing this by ordering the accounting.
Find copied below the relevant sentences in my petition:
The hearing for the petition is coming up. What can I expect from the hearing? Again, I will be hiring an attorney if it turns out that the trustee is concealing an asset, but please don't automatically tell me I should hire one for this particular hearing - I already lost some money to an attorney who did nothing for me (see my post under small claims court) and would like to avoid spending any money on a legal procedure that is fairly straightforward.
I filed a petition to order the trustee to account - I am not a lawyer, but after my bad experience with the first probate lawyer I hired I spent a little time in the law library and figured out how to write and file the petition. My intentions are to get the accounting, and then hire an attorney, if necessary. The reason why is because I am fairly certain that the trustee is concealing an asset, and I want to make sure he is doing this by ordering the accounting.
Find copied below the relevant sentences in my petition:
3. The Trustee has never provided Petitioners with an accounting. On August 21, 2006, Petitioners requested that the Trustee provide Petitioners with an accounting. A copy of the letter requesting the accounting is attached as Exhibit “C” and incorporated herein by reference. (this was a letter written by my former attorney citing the relevant codes)
4. On February 7, 2007 the attorney for the Trustee, XXXXXX appeared before this court to petition for a order confirming trust assets. Petitioners objected to the order, since the Trustee had not provided the requested accounting. Attorney for the Trustee stated to the court that the accounting would be provided to the Petitioners in 30 days. To date the Trustee has failed to prepare and provide Petitioners with an accounting.
blah blah blah
WHEREFORE, Petitioners request that:
1. The court instructs XXXX(trustee) to prepare and file with this court an accounting of the XXXXX TRUST since June 7, 2006.
2. The court instructs XXXXXX(trustee) to petition this court for the settlement of the account and give notice of the hearing on the petition within 10 days.
3. The court order such attorney fees and costs as may be allowable by law.
4. The court order such other and further relief as it may deem proper.
The hearing for the petition is coming up. What can I expect from the hearing? Again, I will be hiring an attorney if it turns out that the trustee is concealing an asset, but please don't automatically tell me I should hire one for this particular hearing - I already lost some money to an attorney who did nothing for me (see my post under small claims court) and would like to avoid spending any money on a legal procedure that is fairly straightforward.