Legal Question in Wills and Trusts in California
I am reposting a question I just asked with a little more detail. In December 2012 my best friend died. He had a living trust, and in a memorandum he left his 2011 car to me. This was the only personal property he designated in a memorandum. His executor told me That the car was paid off. His executor then failed to take any action of any kind for four months. He paid no bills. He opened no mail. He returned no phone calls. Eventually the car was repossessed since it was indeed financed. It was subsequently sold. My question is: what responsibility, if any, Does the estate have to make restitution to me? A previous answer said if I wanted the car I should have made the payments. This was impossible since the executor was completely incommunicado and had also told me incorrectly that the car was completely paid off.
2 Answers from Attorneys
Ok, based on the additional information, the Trustee could be sued for breach of his fiduciary duty to manage the estate properly and allow assets to be taken. The level of damage though is the value of the vehicle less the debt owed on it. It is not the replacement value of the vehicle.
Agreed. Had the trustee done his or her job properly, you would have received the car with the remaining debt and you would have been responsible for the loan at that point. Unless the trust specifically required the trustee to pay off the car loan and deliver the car to you free and clear, which seems unlikely.
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