Legal Question in Wills and Trusts in California
legal matters after death
can the trustie move funds into her name when it stipulates the trustie receive 10% or 30.000 annully?
how does probate work?
Asked on 11/10/08, 2:09 pm
1 Answer from Attorneys
Phillip Lemmons, Esq.
Phillip Lemmons APC, Attorneys at Law
Re: legal matters after death
The trustee can take appropriate distributions, but she lacks the authority to transfer "trust" funds into her personal account. In fact, she has a duty not to commingle funds.
You can open probate by filing a petition with the probate court. A will is not required. Basically, the probate court oversees the administration of a person's estate.
I am not sure if this is consistent with Colorado law, so if this matter involves a Colorado estate or trust, talk to a lawyer in that state.
Answered on 11/10/08, 3:30 pm
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