Legal Question in Wills and Trusts in California

My daugther was bequeated $ 10,000.00 from my deceased aunt, in her will. The trustee of the will, has nominate a NON EXPERIENCED person, to be a custodian over the funds until my daugther reaches age of 25. This nominate has NO EXPERIENCE in Financial managment, investment portifiolo managment, etc., I want to use the funds to purchase an insurance policy, in daugther's name, for her benefit. Why is the white trustee preventing a black man from doing something for his only childs BENEFIT? Can I file suit in court against trustee, who's intent appears to be to steal from a trust, she authored, when ideas are announced that are contrary to her intent. Who would nominate a non experienced person to be a custodian over something, they have NO EXPERIENCE in?


Asked on 12/04/12, 7:29 am

1 Answer from Attorneys
Thomas Reid The Law Office of Thomas D. Reid, APC

From the facts you have provided, your daughter was given the $10,000 and to best protect those assets until she reaches the age of 25, a trustee has been nominated to take care of the money. There is no requirement that a Trustee have experience in the financial sector, however, there is a requirement that the Trustee act in the best interest of the beneficiary. Under these facts, unless there is some reason to question the appointment of the Trustee other than the fact that he is white, a court will likely consider the testator's wishes in the proposed Trustee. For this reason, it seems this might be an uphill battle unless there are any other factors that might disqualify the Trustee. The Trustee's ultimate objective under the circumstances is to protect the money for the benefit of your daughter. While the Trustee's decisions might differ from yours as to the best use of the money, the terms of the document itself would control.

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Answered on 12/04/12, 8:58 am


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