Legal Question in Wills and Trusts in California
Trustee Bank keeps changing date of distribution
My father and his wife had a ''living trust'' set up for their inheritors. His wife died in January of 2004 and he died in August of 2004. Although the trust was initiated in San Jose, they actually died in a nursing facility in Orange County. The bank which is acting as the trustee of the estate keeps putting off the distribution. They told us April 15th and now it may be sometime in June. I am in a very serious financial bind and was counting on my share of the trust in April. Can anything be done?
Another issue: My son became my father's conservator when both he and his wife developed Alzheimers. Now my son is threatening to keep my share of the trust from me unless I sign a contract giving care of my finances over either to him or some professional money manager. He seems to feel that I am not competent due to the fact that I have bipolar type II disorder (minimal version - not subject to manic episodes). Here in Texas I have a number of mental health and legal professionals who will swear to my competency.
He states that he can do that since he was my father's conservator. He is not named as anything but a co-beneficiary in my father's will. Can he do anything? I really do need a CALIFORNIA attorney!!
1 Answer from Attorneys
Re: Trustee Bank keeps changing date of distribution
Perhaps some inquiries from an attorney would help speed the process along, or at least get a firm date for the distribution.
Regarding your son, he may cause some doubt with the bank in that they'll want to confirm that you're competent to receive the money, but he can't force anything from you. He could file for conservatorship over you, but this would need to be done in your residence county, in Texas.
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