Legal Question in Wills and Trusts in California

Re: Executor refusal to distribute assets of a family trust

You mention Executor and family trust, which do not go together. You also talk about a will. If there is a trust, the trustee must do what the trust says to do. If there is a will, a probate must be opened.

Need a little more information.

Re: Executor refusal to distribute assets of a family trust

in order to completely and correctly answer this question, the will and/or trust agreement need to be reviewed. also it is necessary to determine the current owner or owners of the real property (still in your parents' name, in the name of a trustee, in the names of the beneficiaries of any will or trust).

normally, joint owners of property in California can file a partition action to divide the property (if possible) or force a sale. this can be accomplished in probate or in a civil action, depending upon whether or not probate has been opened or should be opened.

Re: Executor refusal to distribute assets of a family trust

Is there a will or a trust? If a wull, then there should already be a Probate hearing. If there is a trust and you are a named beneficiary, you may be able to file a Partition by Sale, but again, this will all depend on the terms of the trust, or will.

If you have a copy of any documentation, I would be happy to review it for you at no cost and give you a better opinion of your options.

Please feel free to contact me at my office at 626-578-0708 or through my web site at www.no-Probate.com.

Scott Linden

Re: Executor refusal to distribute assets of a family trust

You may enforce the trust and seek damages against the executor/trustee. Call me directly at (619) 222-3504.