Legal Question in Wills and Trusts in California

Living trust settlement

My stepmom passed away on 7/30/06 and she had two living trusts. A family trust for her children and my dad's (who passed away 4 years ago) and her own trust just for her children. Her son was named trustee but after her death we were told it was being handled by her daughter-in-law (not that son's wife). We heard nothing from her for about 4 months when we finally asked for an update and were given a rather vague answer. Then again, nothing until I contacted her in Feb when she said she was getting taxes done which I understand. The trust was made in CA but she lives in CO. This is a trust worth under $1 million. How long should it take to settle this? There was no property to sell and it was a simple trust. Should she be supplying us with more info? What are my options if any? I don't want to cause any hard feelings but I'm wondering if I should be concerned about the way this is being handled. When the trust is distributed does she provide an accounting of the funds or is this something we need to request? Thank you for your help.


Asked on 4/17/07, 6:45 pm

1 Answer from Attorneys
Jeb Burton The Burton Law Firm

Re: Living trust settlement

These questions are usually answered by the trust instrument itself. You should have received a copy of it by now if you are a beneficiary. I am a little confused how the daughter in law is acting as trustee unless the trust specifically named her as a successor trustee (or court order). Usually, the fiduciary responsibilities of a trustee cannot be assigned by such instrument as a Durable Power of Attorney (unless the Trust specifically allows for this). Beneficiaries are usually entitled to periodic accountings, but once again this is something that normally would be governed by the trust instrument itself. Honestly, it sounds a little fishy if you are sure you are a beneficiary and have not received any documents (such as the trust, notice of death, etc) since July. I would consult with a local attorney, and bring in any documents you have relating to the trust.

I would add the caveat that it is very common for a trust to take this long to distribute, in that sense it does not sound fishy.

I would add the caveat that it is very common for a trust to take this long to distribute, in that sense it does not sound fishy.

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Answered on 4/17/07, 7:02 pm


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