Legal Question in Wills and Trusts in California

Re: How serious an offense is violating probate code 16004 by using trust proper

While violations of this code section can be a serious offense, the problem is generally factually driven. If a spouse made a good faith mistake and didn't understand her limitations, a court may overlook the mistake. If the trustee engaged in a series of deliberate, intentional and offensive measures, the punishment is likely to be more severe. See an attorney to review the case in more detail.

Re: How serious an offense is violating probate code 16004 by using trust proper

It is difficult to say without more detail, it may remain in the civil realm or the district attorney's office may wish to prosecute it as theft or embezzelment. Call me directly at (619) 222-3504.

Re: How serious an offense is violating probate code 16004 by using trust proper

California Probate Code 859. If a court finds that a person has in bad faith wrongfully

taken, concealed, or disposed of property belonging to the estate of a decedent, conservatee, minor, or trust, the person shall be liable for twice the value of the property recovered by an action under this part. The remedy provided in this section shall be in addition to any other remedies available in law to a trustee, guardian or conservator, or personal representative or other successor in

interest of a decedent.

SEE http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=00001-01000&file=850-859

SEE ALSO http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=16001-17000&file=16440-16442

A judgment against an individual is normally enforceable against community property and may be enforceable against separate property of a spouse.

SEE http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=00001-01000&file=910-916