Legal Question in Wills and Trusts in California

which is better, leaving money in my deceased mom's trust with a trust bank and appointing my self sole trustee, or taking the money out of her that with the bank and using my own trust.

Asked on 5/10/22, 2:54 pm

1 Answer from Attorneys

Michele Cusack Pollak & Cusack

We can't tell you for sure without seeing the document, but most living trusts are set up solely for the purpose of transferring assets from a deceased person to his/her heirs. If you are the successor trustee and sole (only) beneficiary, you may transfer the funds to your own (personal or trust) account. If you have siblings (or there are any other beneficiaries) you must hold the money in your name as trustee until the estate is settled (all debts and costs of administration paid) and then distribute according to the terms of the trust. You should consult an attorney in your county to make sure you do not violate your fiduciary duties as trustee.

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Answered on 5/10/22, 3:12 pm

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