Legal Question in Wills and Trusts in California
no contest clause in will and trust
If the trustees refuse to distribute the property and funds from the sale of a house to all the beneficiaries, are they directly or indirectly contesting the terms of the trust and the will?
2 Answers from Attorneys
Re: no contest clause in will and trust
The no contest provision applies to instances where you are contesting as to who is entitled to receive distributions not in the administration as to how and when distributions are to be made. The trustee has a fiduciary duty to act prudently.
Re: no contest clause in will and trust
The trustee's job is to follow the terms of the trust. If the trustee is not distributing the property as called for by the terms of the trust, there had better be a good explanation or the trustee is in violation of his fiduciary duty. More detail is needed to be sure. If you would like help, or a referral to an attorney in your area, please let me know.
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