Legal Question in Wills and Trusts in California
Executor not properly handling living trust
My mother-in-law passed away and had a living trust, the executor is being partial to the daughter that lived with my mother in-law when she passed. That daughter is also spending money in the bank accounts that she left. It is a hard situation because that daughter is in the house with all the bank account #'s and stock info--the other two daughters don't know what is going on with the money. The house was left to the daughter living there--but it was not paid off. Can she just use the money to pay the mortgage with asking everyone involved? Other than the house everything was listed to be split evenly. Would a lawyer be able to force the clearly written intentions of the trusts?
1 Answer from Attorneys
Re: Executor not properly handling living trust
If the trustee is acting contrary to the trust, you can hire an attorney to stop or undo such actions--often the possibility of court is enough to get the trustee to comply.
The trustee will have to account for all funds received and spent by the trust, and she also has to disclose information about the trust administration to the beneficiaries. If you believe she is not administering the trust properly, you should see an attorney soon.
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