Legal Question in Wills and Trusts in California

Re: A hesitant trustee

If you believe that she is not performing her duties as a trustee properly, you may petition the court for a copy of the trust and to have another trustee appointed. If she was negligent or dishonest in handling her duties, then she will be liable for any losses to the estate. Please call me directly at (619) 222-3504.

Re: A hesitant trustee

She does have one year to make the distributions, however by law she must give you a copy of the Trust Agreement and give you a report at least annually. If she doesn't, you can go to court and compel it.

Re: A hesitant trustee

Under California law the trustee must give you a copy of the trust as it existed on the date of your mother's death. If she will not do so the court can force her to do it or remove her as trustee.

I'm not aware of any particular time period for the trustee to distribute the trust estate, I believe it's a "reasonable period of time." Mostly it depends on what the estate consists of and making sure all estate obligations are paid. If the trustee doesn't make "reasonable efforts" to marshal the assets and pay creditors, you can petition the probate court judge to remove her. However the judge will give a lot of weight to your mother's decision as to trustee. If you plan on going to court, make sure you have good facts, otherwise you'll be wasting your time and money.

Finally, if someone is to receive a set dollar amount from the estate, I believe the trustee will have to pay them interest (from the trust assets) if they don't receive what they are entitled to within one year. On the other hand if you're going to simply receive a percentage of the estate, there will be no interest paid.

Re: A hesitant trustee

The trustee is supposed to give the beneficiaries notice (with an opportunity to request a copy of the trust) within 60 days of the trustor's death, so she is moving too slowly. She is also required to give you information regarding the administration of the trust upon your request. If she continues to stall, you can compel the information and action through the courts.