Legal Question in Wills and Trusts in California

Re: trust fund

It depends on what the trust document says. Some trusts may require trustees to wait 3 months, 6 months or 9 months before distribution. Others may permit immediate distribution. So get a copy of the declaration of trust and read it.

The trustee is usually permitted some time to pay debts and expenses, file tax returns, pay any taxes that are due, and resolve any trust problems. A cautious trustee, like an institution, will want to make sure everything is done properly, including making sure all creditors are notified and paid, before making the final distribution. The trustee is also obligated to give you a final accounting.

Re: trust fund

It depends upon the terms of the trust. You should demand a copy of the trust agreement. If it is not forthcoming, you may need to retain an attorney to get action. Usually a letter to the Trustee will do. Otherwise the law provides a remedy of an action for an accounting.

Re: trust fund

the terms of the trust control. most trusts instruct the trustee to pay last expenses and distribute the proceeds. of course if it includes a house, it must be sold before the proceeds can be distributed. so in short, it depends on the specific facts and circumstances of your case.