Legal Question in Wills and Trusts in California

trust income

The two executors of my mother's trust (brother and sister) are receiving rental income from my mother's property and depositing the money to their personal accounts. Also, money in my mothers accounts are being used for the executors' and their families' hotel costs and air fare to her funeral, as well as their personal expenses. Other beneficiaries (7 sibilings) have not received any funds from the Trust, any documentations of my mother's accounts or possesions, and they will not communicate their process of distribution. They are becoming hostel towards the beneficiaries (sister was arrested for taking some pots and pans that my mother gave her) Is this legal?

Also, there are two life insurance policies not listed in the trust, but my mother and father specified that the monies should be divided equally between siblings. Not all sibilings were listed on the insurances. They have given some of the sibilings their share (including those not listed as beneficiaries), while other didn't recieve a share. Is this legal?


Asked on 9/20/02, 5:56 pm

1 Answer from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: trust income

Do you have a copy of the trust. I would need to review it before I could make a recommendation. However, it would appear that they are in violation of their fiduciary duties as trustees. If that can be shown, you can petition the court to have them removed, and have a new trustee appointed.

Call me if I can help.

Ken Koenen

925-924-0100

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Answered on 9/20/02, 6:14 pm


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