Legal Question in Wills and Trusts in California

I am trustee and beneficary my brother is also benifacry he is in federal prison till the yr 2025 he will be 70 yrs old do i have to distribute his part while in prison or can i wait and just send alittle every month his pART IS ABOUT 250,000.

Asked on 4/24/14, 12:41 am

2 Answers from Attorneys

Joel Selik

It depens on what the trust provides

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Answered on 4/24/14, 7:25 am
Len Tillem Tillem McNichol & Brown

You really need to review the trust with a trusts and estates lawyer to answer this question. Chances are, the fact that your brother is in prison is no bar to the distribution of his share of the trust.

Please note that if he was in a California prison or County Jail, you would have to provide notice to the Director of the California Victim Compensation and Government Claims Board under Probate Code section 216.

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Answered on 4/24/14, 9:14 am

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