Legal Question in Wills and Trusts in California
Trustee Accounting Legal Fees
My mother passed away, leaving a living trust. She named her best friend, an elderly woman, as the trustee. My brother, who is one-third of the beneficiaries, took it upon himself to take over all of Mom's cash and accounts, with no objection from the trustee. Also, the rest of the beneficiaries want the house sold, but my brother wants to keep it in the family. The trustee is dragging her feet and leaving all decisions to my brother.
The rest of the beneficiaries would like an accounting of the trust, all funds distributed per my mother's request, and the trust dissolved. My deceased sister's children need their inheritance; and if the trustee passes away, we will face a nightmare.
If we must go to an attorney and/or go to court, do the legal fees and court costs come out of the trust?
2 Answers from Attorneys
Re: Trustee Accounting Legal Fees
A trustee has a duty to carry out the trust according to its written terms. While she can assign her duties, she remains liable if she was negligent in that assignment.
Regarding the attorney fees, they do not come out of the trust. However, they may be able to come from the trustee or someone who violated the terms of the trust.
Re: Trustee Accounting Legal Fees
The brother may not act as the trustee. The court on a petitoin should remove the elderly friend simply because she is not doing her job and improperly delegating tasks to one of the beneficiaries. Your brother's sentiments are fine so long as he buys out the interests of those who want to sell. The court can instruct the trustee to sell the property and complete the trust administration, and then distribute the proceeds to all the beneficiaries. The costs are not paid by the trust unless you are the trustee.But if the elderly friend resigns, then you may petition the court to appoint you as the trustee.
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