Legal Question in Wills and Trusts in California

Trust Agreement

What do we do if our brother, the executor, has not given us our shares of trust agreement?


Asked on 3/12/09, 7:09 pm

2 Answers from Attorneys

Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Trust Agreement

If a reasonable time has passed for administration (up to a year in most cases), or he is uncommunicative, consider talking with an attorney to add more pressure.

You're entitled to an accounting of the trust's expenses and income, and assets, and he should be giving you an expectation of when he will distribute the assets. If he hasn't, you can file a petition in probate court to force an accounting and distribution.

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Answered on 3/12/09, 7:26 pm

Re: Trust Agreement

You should probably retain a local attorney to contact your brother to request an accounting of the trust assets and find out what assets are available and when to expect distribution of the assets.

Using an attorney may help remove some of the emotional issues that sometimes arise between family members.

Is this a trust? You use the term "executor" which implies that there is a probate (court action) rather than a trust.

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Answered on 3/12/09, 7:14 pm


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