Legal Question in Wills and Trusts in California

If the Trust has settled, meaning closed out really, there is no reason for her to keep the money. Clearly explain that if she does not refund the excess money you will contact the State Bar and then do it. If there are open issues, you need to understand what they are and when they will be closed out.

925-362-1010

I agree with Ms. Johnson. The issue is whether the trust has settled and the money is to be distributed. If the court has approved distribution, then there is no reason for her to withhold your money. You may have to contact the State Bar and file a complaint.

Your complaint is really with the Trustee, not the Trustee's lawyer. If the Trustee is not following the terms of the Trust and any Court Orders relating to the Trust you can file a Petition in the Probate Court to compel the Trustee to follow the Trust. If there is already a Court order for distribution of the money and the Trust's lawyer is refusing to follow it you can file a complaint with the State Bar. Check the Order carefully, however, to be sure that it does not provide for some kind of reserve to be held. Because there are often residual issues in trusts, such as the potential of a tax audit, you should also demand a clear written statement of what the claimed potential issue is.

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