Legal Question in Wills and Trusts in California

trust distribution after conservatorship ends

how long does it take in months for the conservator to distribute the trust estate to my siblings and I? It has been 3 months since our mothers passing I would think that is long enough. The conservator said tax season was why the final accounting was taking so long but that has passed. Is she deliberately taking long and can she do this to us?


Asked on 5/29/07, 8:20 pm

2 Answers from Attorneys

Jeb Burton The Burton Law Firm

Re: trust distribution after conservatorship ends

When you say conservator I assume your Mother's estate went through probate and was not governed by a trust. That being the case... it depends on the size of the estate. If the estate had any value to it (real property or more then 100,000 of assets), it will take a while. Three months an extremely short period of time for such things, six months to a year is the minimum. 1 1/2 years is much more common.

This is one of the reasons why people set up trusts rather then go through the probate system.

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Answered on 5/30/07, 12:00 pm
Jeb Burton The Burton Law Firm

Re: trust distribution after conservatorship ends

I will add that even if this is a trust these usually take half a year to pay out as well. Three months is certainly a very short time period, because the trustee needs time to make sure all debts and taxes are paid as well as handle the funding of subtrusts, dispersment and other issues. Many trusts often take a year or more to distribute. While trusts can drastically reduce the period of time it takes to close the estate, it does not eliminate that time.

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Answered on 5/30/07, 5:56 pm


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