Legal Question in Wills and Trusts in California
My grandparents died and left a living trust to my mother and her two sisters. Before she was able to recieve her share of the trust my mother died. It has been over 13 months and the trust has yet to be distributed. The living trust states " If my mother should die before the complete distribution of her trust share her trust shall terminate and my trustee shall distribute the balance of the etrust property to her then living descendants, peer stirpes. What is the reasonable amount of time before distribution of my share?
1 Answer from Attorneys
There is no set amount of time for trust distribution. It depends on the complexity of the situation. The trustee, however, has a duty to act diligently and distribute within a reasonable amount of time, given all the circumstances surrounding the trust.
Thirteen months, however, seems long for the typical estate. The beneficiaries' remedy is to petition the probate court for an order requiring an accounting of the estate and final distribution. If the trustee's conduct has been egregious and there is a risk to the trust's assets, the beneficiaries may wish to ask for a replacement of the trustee at the same time.
The petition is not something that beneficiaries should do on their own. I would be happy to speak with you at your convenience if you have questions about this matter, or if you believe I could be of some help to you.
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