Legal Question in Wills and Trusts in California
hi,i was wondering how to get the rest of my inheritence money distributed by my brother-exector trustee(he and my sister)my other brother and i are in dire need(foreclosue,etc.).My executor trustee brother and sister both say they can't distribute until my deceased parents house sells because the trust needs to support the home(no mortgage)There's enough money in the trust(or should be) to support the empty home for 100 years.My other brother and I think this is just an exuse for them to hold on to the house and the trust money as if it was there private investment,as they have turned down all the offers on the house which the sale would justify full distrabution and closing the trust.It is almost 2 years now.I am worried that if I die,my portion will go to my siblings and will not be in my possession to be left to my son?How do I compel my brother to distribute-we've suggested that all 4 of us choose an agreed amount to leave in the trust to support the home for 5-10 years so he is not worried about the risk of supporting the home on his own,like he claims.Thank you.
2 Answers from Attorneys
A trustee has broad discretion to manage the trust assets as they see fit, but only as long as it is consistent with the trust instruments. You should have the trust reviewed by an attorney to see if your children really will lose out if you die. If the trust calls for a distribution at your generation, you need to know whether it says only to surviving beneficiaries, or if it is inheritable. You should also have the distribution terms reviewed in general. If they are obligated to distribute the instrument will need to be interpreted as to what discretion they have as to when. If it calls for distribution at your generation, and your share is not inheritable, you can probably file a probate court action to compel distribution on behalf of your heirs.
I need to look at the trust documents, but I may be able to help you with this.
Best,
Daniel Bakondi, Esq.
415-450-0424
The Law Office of Daniel Bakondi, APLC
870 Market Street, Suite 1161
San Francisco CA 94102
http://www.danielbakondi.com
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