Legal Question in Wills and Trusts in California
Trustee not distributing inheritance share to Beneficiary
My father died 7 mos. ago. Everything is to be split %50-50% between my brother and I. My brother is the Trustee of the Trust and lives in another state. He submitted a death claim from my father's accounts (IRA's, stocks, insurance etc.,)and received over $70,000. and has transferred additional accounts to his state. I have not received anything and he has not spoken to me since my father's death. I have been waiting patiently for my distributive shares, and feel I should receive part of that claim. What do I need to file with the courts to stop him from taking the rest of the funds I am entitled to; what are my rights as beneficiary and half owner of the estate; and what can I do to protect my interests?
4 Answers from Attorneys
Re: Trustee not distributing inheritance share to Beneficiary
Your patience may not have been prudent but at the same time I think you have Cinderella's ugly brother on the other side. You have a right to one-half of the state, Period. It's too bad he's in another state. More importantly, I see a great deal of family strife and possible litigation which means you're not could be sitting down to Thanksgiving dinner with him anytime in the future. Hire an attorney immediately, yesterday to try to protect your interest at this point as much as possible. Only God knows what is left of all the assets, and she is not telling us. I feel very sorry for you and there is not a space to tell you what you may have to do in this kind of situation . I've been practicing estate law in the San Francisco Bay Area for over 30 years and can help you. If you wish to consult with me please contact me at 925 -- 945 -- 6000.
Re: Trustee not distributing inheritance share to Beneficiary
as a beneficiary, you are entitled to not only your share of the decedent's estate as provided for, but you are also entitled to view the actual intrument creating your interest in all real or personal properties at issue, as well as an accounting of all assets to be distributed to you. you may want to consult an attorney to help assist you in making sure your interests are fully represented and/or any applicable causes of action initiated to protect said interests asap.
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Re: Trustee not distributing inheritance share to Beneficiary
You need to see a probate attorney as soon as possible. California law requires that your brother send out a notice of adminstration and once that is sent, you only have 120 to make claims under the trust. If your brother is not doing his job, you can petition the court to have him removed and if he is stealing money, you can ask the court to surcharge him. Don't hesitate, see an attorney as soon as possible.
Re: Trustee not distributing inheritance share to Beneficiary
Is the trust and property here in California? You may need to get some professional help. It is amazing how a letter from an attorney will get things going straight again.
If he does not abide by the terms of the trust, you can petition to have him removed as trustee.
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