Legal Question in Wills and Trusts in California

Trustee Improperly Cashed Retirement Benefits

I found out the trustee of our Trust took checks coming in after the passing of my parent that were designated teacher's retirement benefits and the checks were written directly to beneficiaries (kids) and he cashed them. On the retirement statement it lists that those payments were issued after death and must be returned. If not returned, it is deducted from the one-time death benefit we are supposed to get. I heard it is improper or against the code for a trustee to have cashed these benefits. Is that true? How can he cash it? What is the code number? Thank you.


Asked on 6/24/09, 3:05 pm

1 Answer from Attorneys
Jerold M. Gorski Law Offices of Jerold M. Gorski

Re: Trustee Improperly Cashed Retirement Benefits

I would need more information to determine the answers. However, the trustee may have inadvertently cashed the checks. Perhaps start by calling the trustee to get his/her explanation (and the authority for that position if it was not a mistake).

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Answered on 6/24/09, 8:34 pm


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