Legal Question in Wills and Trusts in California

The other co trustee on Dad's trust said she will act unilaterally to make premature distributions. Can she be stopped?


Asked on 7/15/15, 9:24 pm

2 Answers from Attorneys

Len Tillem Tillem McNichol & Brown

You could petition the court for instructions to the trustees regarding distributions. You could even petition the court to have a trustee removed.

Keep in mind that if the trustees are making any preliminary distributions (which isn't necessarily a bad idea), it's very important that the trustees treat all of the beneficiaries fairly - the trustees shouldn't distribute to one beneficiary alone, for example.

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Answered on 7/16/15, 9:07 am
William Christian Rodi Pollock

Yes you can, but it will likely require court intervention. Seek counsel, or contact your trust attorney if you have one.

Evaluate carefully the proposed preliminary distribution. If all likely debts and expenses are still covered, you may not be sucessful in intervention, despite the fact that both trustees are supposed to act on all decision (unless the trust says otherwise).

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Answered on 7/16/15, 11:19 am


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