Legal Question in Wills and Trusts in California

I have a trust that my Dad setup when he died. His lawyer distributes the trust at her discretion. I have paid rent for a year and shown responsibility.
I told her I do not want to pay for somebody else's house like I have for the past year. We want to move to Seattle and purchase a home for under 60,000. I feel like its better than rent and I would have something to show for the money.
She does not agree. She wants me to save up for a deposit which could take years as I barely make it now.
I think wanting to pay cash for a house is a logical, sensible thing to do. otherwise the money will just keep coming monthly to pay rent and bills and end up being gone with nothing to show for it.
Having a paid for house is the most responsible, logical way to go.
I am trying to find out how I can get my own money from her as I don't think she has my best interests at heart. She is very secretive about the total amount. Will not give me proof of the trust and has it in her bank and she charges me for every e-mail and phone call. It is not that much money that I can afford to keep paying her a percentage of the money...besides she got paid out of the entire estate. Others inheirited and got lump sums. When my dad setup the trust I was not being responsible....now I have been for over a year...and don't forsee any problems.
I know if my Dad saw me now he wouldn't have done things differently.;
Can you help me get the money away from her? I think since she does not see a sensible idea and for some reason wants to keep all the money there (in canada) then I feel I have no choice but to hire someone to help me.

Asked on 9/22/11, 7:45 pm

2 Answers from Attorneys

Joel Selik www.SelikLaw.com

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If the trust was set up and based in Canada then Canada laws would probably apply and this answer may not be applicable.

You need to look at the trust and see two things, the standards with which the trustee has to distribute the trust and how the trustee can be removed.

If the trustee has broad discretion, then, while you may disagree with a certain decision, the trustee would have the ability to use her discretion and not your opinion as to what is best. If the trustee is found to be putting her interests above the beneficiaries, then the Court will replace the trustee.

There are usually standards for a trustee to be replaced in a trust. Review the trust to see how this may be done.

Answered on 9/23/11, 9:01 am

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