Legal Question in Wills and Trusts in California
Delays by Trustee to act.
I am a 1/4 benificiary, to a Trust that went into effect January of 2005, in the state of california, County of San Joauin. So, a year and six months have passed. The trustee has liquidated the real property, paid all debts, filled a return for the estate / year 2005. I have had to force an accounting(I would not submitte to waiving one) and it indicates that all remaining assets have been placed within a checking account.
The questions: What (if anything) can I excepet an attourny/ courts to do in compeling him to make a final dischasrge?
In this matter, how long can the trustee wait to perform a final distribution?
Our personal matters reaonable cause for a trustee to claim delay?
1 Answer from Attorneys
Re: Delays by Trustee to act.
I suspect that will depend largely upon the language in the trust. Trustees are generally given broad discretion and great latitude in deciding when to perform their duties under the trust.
The court will likely not compel distribution if there's no compelling evidence that the trustee is being unreasonably dilatory or engaging in malfeasance. Eighteen months does not seem an unreasonable amount of time to sell property, pay debts and take care of the administration.
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