Legal Question in Wills and Trusts in California

Re: Trustee giving money from trust to his children

When gifts are given in anticipation of death, they are often held to be, as you correctly called them, "advancements". Your siblings will likely argue that the payments were gifts intended to be given over and above any inheritance. Conversely, you will try to show that the payments were merely an early disbursement of funds which would otherwise be inherited later, upon death. If you succeed, their portion should be reduced accordingly at the time the estate is distributed.

This advice is solely intended to provide you with a general understanding of applicable principals. As with any complex legal issue, you should consult with an attorney so that all of the relevant facts and law can be analyzed.

Best of luck,

Ben Berger

Re: Trustee giving money from trust to his children

The oral agreement would be difficult to enforce, but the trustees would have to show authority in the trust and/or power of attorney to make the gifts. Under California law, this authority must be specific, so they may have a difficult time proving this. Perhaps a letter from an attorney sent now (if you don't mind the resulting hard feelings) would bring an end, or at least a negotiated resolution, to this situation.