Legal Question in Wills and Trusts in California
trust
I am an heir to a trust fund that. My brother is named executor. We opted for a lump sum disbursement and an agreement was signed by both of us for $60,000. My brother automously deducted $1500 for a loan he said he made to me over ten years ago, which I do not remember and thus issued a check to me for $58,000 and not the $60,000 the agreement stated. Can he do this?
Asked on 6/15/09, 6:28 pm
1 Answer from Attorneys
Donald Scher
Donald T. Scher & Associates, P.C.
Re: trust
No, he cannot legally breach his duties as trustee of the trust, and your agreement, to collect a claim he has, as an individual, against you. He should have given you the full amount and then brought his claim for payment of the debt in a separate transaction.
Answered on 6/15/09, 6:46 pm
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