Legal Question in Wills and Trusts in California
My mother passed away on April 2, 2015 and left me and my brother a California living trust to be split 50/50. My brother was made executor and given discretionary authority to either distribute my share to me in a lump sum, or to distribute it in portions as he sees fit:
"My Trustee, in its sole and absolute discretion, may apply to, or for the benefit of, [myself] as much of the net income and principal from his exempt share as my Trustee deems advisable for his education, health, and maintenance."
My question is: how long does he have by law to give me my full share?
3 Answers from Attorneys
Without reviewing the entire trust document, which is what you really need to do, the language implies that the trustee can dole out your share to you for the rest of your life. He does, however, have an implied duty of good faith and fair dealing, so if he flat out refuses to distribute anything without a really good reason (such as you being on drugs all the time), then you may have a claim to remove him as trustee or compel him to make distributions.
He also has a duty to provide you with an accounting at least annually and to keep you informed of any significant trust activity. If the trust balance becomes low, that is another reason to ask the Court to terminate the Trust. You should meet with an attorney to review the entire document.
The language you provided gives him reasonable descretion on the issue,. I take it that there is no final distribution date? Without one, he is held to a reasonable fiduciary standard. It appears that the creator of the trust did not have confidence you would spend the money wisely, and wanted a protector for your long term benefit. It would be necessary to see the entire trust document to confirm that goal
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