Legal Question in Wills and Trusts in California
My grandfather died and the trustee of the trust is my uncle who also owes the trust 235,000,000. We have recieved $140,000,000 from my uncles sale of the house, but my uncle has also received 43,000 in cash, which brings him obtaining more money than the beneficiaries. In addition, some of the assests had to go through Probate and then be transfered to the Trust. Is my uncle eligible to receive a trustee fee for the assests in Probate and the same assets when they get transferred to the Trust?
2 Answers from Attorneys
If your Uncle won't agree to repay what he owes, and/or step aside for whoever has been designated as his successor, you are probably going to want to petition to court to have the situation addressed. Whether it is an offset of fees and other items, or removing him so that a successor can seek to enforce his debt, you will need the Court's assistance if he won't cooperate. You should also ask the Court to prevent him for paying his attorney's fees out of the trust assets.
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Did you add zeroes or is that actually 235 million?