Legal Question in Wills and Trusts in California
Rent from estate property has been hijacked by one of the beneficiaries. The Trust directs the executor to collect rent and manage finances of the property. What has to be done to recover rent taken and ensure future rent is paid to executor?
2 Answers from Attorneys
A letter can be sent to the beneficiary, demanding tht all rent be paid over. If the beneficiary refuses, an appropriate court proceeding can be instituted.
A letter can go to the tenants, directing them to pay rent to the executor. If they refuse, eviction proceedings should be considered.
There may be other steps to take, but that will depend on the exact situation of the trust. You may want to consult with an attorney for assistance.
The trustee for the trust is obligated to carry out the terms of the trust. The executor of a will is obligated to carry out the duties required in the will. The trust can be subjected to probate court supervision and the trustee can be replaced if they are not acting as required by the terms of the trust.
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