Legal Question in Wills and Trusts in California

distribution

Dispersion of a Trust was handed down Feb. 2004 by the Court, CA. All fees have been paid, case closed. Trustee wants to with-hold $3000.00 to pay for fees and taxes. The funds have been in a CA. tax free mutual and bond fund and has earned a small dividend, not much.

These fees have been paid and for any taxes, I should be responseble for my share, if any, on my own. How would I approach this to put the fear of God in my sister.


Asked on 1/01/05, 6:07 pm

1 Answer from Attorneys
Donald Field Donald L. Field, Jr., Attorney at Law

Re: distribution

This question cannot be answered correctly or completely without reviewing the court records concerning the trust. Amounts withheld are usually for final tax returns, income taxes and other expenses. The trustee should account to the beneficiaries for these disbursements and then distribute the balance to the beneficiaries.

In general a trustee is required to report information to the beneficiaries. SEE

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=16001-17000&file=16060-16064

If you believe the trustee has acted improperly you can petition the court. SEE

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=16001-17000&file=16420-16421

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=15001-16000&file=15640-15645

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Answered on 1/04/05, 11:01 am


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