Legal Question in Wills and Trusts in California

Can the children sue the stepmother for their part of the trust if the estate bills are still outstanding? Don't they have to wait till the hospital bills and burial expences are paid before demanding the money?


Asked on 11/25/13, 2:49 pm

1 Answer from Attorneys

Victor Waid Law Office of Victor Waid

Assuming you the stepmother are the trustee of the trust, then you are under the duty to implement the terms of the trust. The trust provisions determine the sequesnce of the payment of creditor claims and distribution of trust benefits to various beneficiaries. Suggest you obtain the services of a trust/administration attorney who also specializes in probate matters. Don't give into the children demands until you have obtained competent legal advice to prevent any liability falling back on you as the trustee in administration of the trust.

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Answered on 11/25/13, 3:12 pm


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