Legal Question in Wills and Trusts in California

Re: Mother Spent Son's Inheritance

if your son's mother was the trustee for the inheritance, she had a fiduciary duty of due care to ensure the money remained available and was making a profit this whole time. further, your son's mother had a fiduciary duty of loyalty, meaning she could not spend the money or act in a way the clearly shows self-dealing.

thus, if your son's mother is claiming there is none of the inheritance left for your son when his interest vested in the inheritance at age 18, and now he is 20, then your son's mother is in breach of her duties as trustee most likely and would be personally liable for the $56K to your son now from the facts given so far. if you and/or your son would like further assistance or legal representation on recovering his $56K inheritance from the trust and/or his mother now, just email me with more specific facts and let me know what legal instruments your husband has in his possession proving the existence of the trust and trustee's duties therein. i will look the documents over and help your son immediately recover what is rightfully his if at all possible. talk soon.