Legal Question in Wills and Trusts in California

sucessor trustee

Parent died in 2000 and named married child as successor trustee. Parent included minor child to receive a substantial sum of money when she was 17. She's 17 and the trustee has spent all the money in the trust. Is this illegal?


Asked on 4/23/09, 3:48 pm

1 Answer from Attorneys

Scott Linden Scott H. Linden, Esq.

Re: sucessor trustee

Sounds like there may be a breach of fiduciary duty by the successor trustee, but to be certain I would need to see the trust. What I am looking for is the powers of the trustee to invade the corpus. I would additionally be looking for how the specific sum was left to the minor; via separate account, etc.

We specialize in wills, trusts and estates so I am certain we can assist you, however, these are not issues that I would want to discuss here in such a public forum.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com

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Answered on 4/23/09, 7:27 pm


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