Legal Question in Wills and Trusts in California
I am � beneficiary of my uncle�s trust. The trustee has taken possession of all of the trust assets and is not distributing any of the trust assets. How can we force the trust into probate court? Is there any other solution?
3 Answers from Attorneys
I assume your uncle has passed away. Sometimes there are creditor issues that take time to work out (last medical expenses or other debts) and that can delay distribution. Other times there are asset issues, such as selling real estate in a bad market. If the delay has been significant, then if you have not already done so you should demand a copy of the trust and an accounting. If he does not comply then you can Petition the Court to remove the trustee, require an accounting and distribution. I would be happy to discuss the specific facts of your situation.
Should hire a attorney to communicate with the trustee. If he does not communicate when properly requested, you can bring an action for breach of fiduciary duty.
Best,
Daniel Bakondi, Esq.
415-450-0424
The Law Office of Daniel Bakondi, APLC
870 Market Street, Suite 1161
San Francisco CA 94102
http://www.danielbakondi.com
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You really need to get a copy of all documents relating to the trust and have an attorney review the trust documents to determine your rights.
If the Trustee will not provide the documentation, the attorney can petition the court for an order to compel production of the documentation and/or removal of the Trustee.
Let me know whether you would like to discuss this matter.
Caleb
J. Caleb Donner
DONNER & DONNER
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