Legal Question in Wills and Trusts in California

Sorry for your loss.

There is no California requirement that says a trust cannot be distributed before one year after date of death. Your brother may be referring to the one year statute of limitations as to when a creditor can make a claim against a decedent. If your brother is concerned about creditors, then he can distribute some of the funds and hold back a reserve to cover any outstanding issues such as creditors or taxes.

No, that is not true. Your brother's lawyer might well advise him not to make distributions until 120 days have elapsed from the date of the trustee notice to you, or to withhold some of the trust estate until the final tax returns are filed, or even to withhold some of the money for a year in case any unknown creditor(s) come out of the woodwork (but that could be avoided by publication of notice, which shortens the limitation for creditors from one year to four months). At any rate, he may certainly make at least a preliminary distribution, and can distribute all of the trust estate if the two of you agree in writing to be jointly liable for any future costs and to relieve your brother of any liability as trustee. He may also ask you to waive a formal account, but cannot require that as a condition of distribution.