Legal Question in Wills and Trusts in California

It depends on what the trust your mother set up says, as to whether or not he must disburse or may wait.

Agree... you should have an attorney review the document.

Your stepfather, as trustee, has certain duties he must fulfill, regardless of what the trust says. At the outset, it is not clear from your question whether you actually have copies of your mother's documents. As a beneficiary of your mom's trust, you have a right to receive a full and complete copy of the trust, the pourover will that was presumably prepared, and any amendments or codicils to these documents. The trustee. has athelegal duty to provide you with these items if you ask for them. I hope you have them. If you don't, send your stepdad a dated, signed letter (keep a copy for yourself) asking for all of these. In any case, you should immediately consult with a probate or trust administration attorney, even if you don't have your own copies of the documents. Many of us provide a free initial consultation. Alternatively, meet with an attorney at one of the non-profit legal foundations that provide free services to low income persons. An attorney who is knowledgeable in the areas of probate and trust adminitration is needed. I urge you not to put this off another day. Cordially, Roberta Avrutin, 323.653.3900.

As the others have said, you need to have an attorney review your mother's trust. As Ms. Avrutin has said, you have the right to a copy of the trust under the Probate code.

In most cases, the trustee does have discretion with respect to the distribution of the estate shares. This discretion allows the trustee to consider whether a beneficiary might be unable to handle the entire share, for example. However, the trustee cannot act arbitrarily. His reasoning that you and your brother will have to wait until he does is not sound and could be considered an abuse of discretion or a breach of his fiduciary duties. Even when the trustee has the power to make such decisions, you would normally be receiving some disbusements from the trust. Additionally, as a beneficiary, you are entitled to receiving an accounting of trust from the trustee at least once a year. This means that the trustee must provide you with an account of all expenses, income, and disbursements of the trust.

I would urge you to contact an estate attorney as soon as possible, as this has really gone on too long. I would be happy to discuss this further with you at [email protected] or 619-295-8705.