Legal Question in Wills and Trusts in California

My grandmother passed away five years in california ago and left a will and trust in which she names my cousin the trustee but myself, aunt, and sister all as beneficiaries to split the estate equally when the trustee decides it is to be sold. The house has been vacant for five years and now I (I do live in washington with all three other beneficiaries living in California) have medical issues that have hurt me financially a ton so I asked the trustee to sell or biy me out or even cash out some of the 1500 shares of chevron stock that my grandmother also stated in her trust are to be split equally when the home sells but the trustee refuses to do anything. Is this legal or can I fight him on this?


Asked on 12/06/13, 4:46 am

3 Answers from Attorneys

Neal Rimer Neal M. Rimer, Esquire

You can probably fight the trustee on this issue, but, before really knowing what to do, the terms of the trust need to be reviewed. The terms of the trust will determine what you are entitled to receive and when. I assume that you have been sent a notice from the Trustee and were given the right to a copy of the Trust. I also assume that at least annually, you have been delivered an accounting of the Trust. These are requirements under the probate code in California. I am also concerned that a house has been left vacant for 5 years. The Trustee's duties do not allow for assets to sit idle and not obtain a return. The house should have been rented to get the income. If the Trustee has not done his job properly, it is possible that the Trustee can both be surcharged and possibly replaced with a successor Trustee. It is probably best for you to obtain the assistance of a California attorney and get into all the issues through legal representation rather than trying to accomplish something on your own.

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Answered on 12/06/13, 4:56 am
Scott Jordan Jordan Law Office

Mr. Rimer has provided excellent advice. You should consult with an attorney close to where the house is located.

Good luck!

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Answered on 12/06/13, 9:22 am
William Christian Rodi Pollock

It is impractical to answer your question effectively without knowing exactly what the trust instrument provides. I suggest you engage California trust counsel to assist you.

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Answered on 12/06/13, 10:09 am


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