Legal Question in Wills and Trusts in California
trustee
When a child inherts thourgh a LIVING TRUST, it is my understanding, a Guardian Ad Litem is needed, not a Trustee is that correct?
Asked on 1/04/00, 8:29 pm
2 Answers from Attorneys
WILLIAM BRANDWEIN
WILLIAM A. BRANDWEIN, A PROFESSIONAL LAW CORP.
Re: trustee
Not necessarily. It depends on the terms of the trust. If the trust provides for a delayed distribution the the trust continues. If it is an outright distribution then a guardian or conservator may be necessary.
Answered on 1/05/00, 4:29 pm
Chris Johnson
Christopher B. Johnson, Attorney at Law
Re: trustee
The answer is "maybe." The trust may provide that the trustee holds on to the gift until the child reaches adulthood, or it may permit the trustee to give the gift to the child's parent or someone as "custodian" to keep for the child's benefit. Check the terms of the trust to see if this is the case. Otherwise, it may have to go to a guardian.
Answered on 1/11/00, 10:01 pm
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