Legal Question in Wills and Trusts in California

Life in California - Dad died and I am trustee and one of beneficiaries. There are 3 of us and everything is to be divided 3 ways. I am trustee and youngest. The oldest sibling just wants a distribution done and says we need to look at what dad left us as a gift. The middle child (always a problem child) Has been a pain since day one. Demanded a financial accounting which was done by a CPA. Financial Accounting mailed to all siblings. Oldest child says write me a check. Middle child scrutinized and came back at me with 18 questions about different expenses. I wrote letter sent to my attorney answering each question. Oldest sibling says majority rules and since there are 2 of us I can move forward. I don't see it that way and I am afraid if I distribute all trust monies I will have no money for attorney fees which I fear is what is coming next. Advice?


Asked on 2/12/13, 11:50 pm

1 Answer from Attorneys
Charles Perry Law Offices of Charles R. Perry

Your oldest sibling is incorrect. The decisions about distributions are yours and yours alone to make, consistent with the terms of the trust and the advice of your attorney.

In general, all questions regarding the trust should be resolved before a final distribution is made. It is possible to make partial distributions, so long as an adequate reserve is held in the trust to cover future expenses and liabilities. Your attorney should be able to advise you on this.

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Answered on 2/13/13, 2:15 am


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