Legal Question in Wills and Trusts in California
I inherited money through a trust
I inherited a few hundred thousand
dollars from my cohabiting boyfriend
in his trust when he died.
He also made me the trustee.
Of course this caused his son to
threaten to contest the trust because he got less.
I understand I can just take my money while he is contesting since
it is a trust and not a will. We are not
in any court.
Two questions......
I am in California and suppose he
goes after me and I fight back.
How many years will it take this
to go to trial if I just want to stall
it and hope he grows tired .
If I take my money since I am the
trustee and no cort is freezing
the money during the dispute have I caused
any ''additional problems '' for
myself if I take it rather them wait
till this is resolved in a courtroom.
3 Answers from Attorneys
Re: I inherited money through a trust
It should go to trial in one year. Do the terms of the trust distribute funds to you outright? Contact me directly.
Re: I inherited money through a trust
It will depend upon the terms of the trust as to whether you are permitted to distribute. Additionally, you should give the son statutory notice so that he has a limited time to formally contest the trust.
You should contact a local attorney to discuss representing you and discuss your options.
Re: I inherited money through a trust
The trust probably provides that anyone who contests the terms of the trust will be disinherited. Make sure the son knows this. I assume you provided a copy of the trust to the son. That is required by law. If the terms of the trust allow or require outright immediate distribution, you may do so. You do not have to await resolution in a courtroom unless the son gets to court and gets the court to issue a court order freezing the funds to preserve the status quo. Of course, as trustee you can and should defend the trust from attack, at the expense of the trust.
Most cases in California get to trial in a year.
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