Legal Question in Wills and Trusts in California

Living Trust

My Mother and step-father were married close to 30 years. He passed away 6 months ago. His adult daughter from a previous marriage is the Trustee of his Living Trust. I have read it and my Mother is supposed to receive monthly interest income from $200,000.00 or less, obviously, if that's all there is. She was also given the right to live in the house they shared (his) until her death. Everything else was left to his daughter. I just found out that she is drawing the interest off his money. My Mother is getting nothing. Also, Trustee has not done anything as far as legal work on the trust. My Mother is 83 years old and not sure what to do.


Asked on 5/28/08, 6:48 pm

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Living Trust

If the trust is in California, your mother should call a California attorney and make an appointment. She might want to seek a court order for an accounting and for other relief.

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Answered on 5/28/08, 6:55 pm
Scott Schomer Schomer Law Group

Re: Living Trust

If the daugther is violating the terms of the trust (by distributing income to herself), she is violating her fiduciary duty. The beneficiary of the trust (your mother) has the right to demand an accounting and may have the right to remove the trustee for breaches of fiduciary duty, and even recover the lost interest payments. Your mother needs to file a petition seeking this relief. The petition should be filed in the location where the trust is administered, which is where the daughter is located. My suggestion is that you consult an attorney in that location as soon as possible.

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Answered on 5/28/08, 7:33 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Living Trust

Contact an attorney to protect her interest. The daughter is breaching fidiciary duties according to what you say, and that is a very serious matter with potentially substantial liability.

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Answered on 5/31/08, 10:08 pm


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