Legal Question in Wills and Trusts in California

Trusts

How long does a trustee have to settle a living trust?

If it goes beyond a reasonable time, what steps can you take to force them to open the books or make disbursements?


Asked on 1/24/08, 3:00 pm

3 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: Trusts

It is not a matter of opening the books. All interested parties are entitled to receive a copy of the operative trust document under CA law, and under the law of most states. Any beneficiary can bring an action for an accounting at any time if he or she feels the trustee is not following the terms of the trust agreement. The answer to your first question is highly dependent on the terms of the trust agreement.

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Answered on 1/24/08, 3:03 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Trusts

You can request an accounting and a report of his/her actions.

You can ask the court to instruct them to make distributions.

You can have them removed if they refuse to act.

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Answered on 1/25/08, 11:30 pm
Donald Field Donald L. Field, Jr., Attorney at Law

Re: Trusts

see probate code sections 16000 et seq and 16400 et seq at:

http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=prob&codebody=&hits=20

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Answered on 1/25/08, 11:47 am


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