Legal Question in Wills and Trusts in California

trustee has taken monies from trust and;will not give me whats due me how can i make them pay me


Asked on 1/01/10, 7:12 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

If the trustee's not doing what he/she is supposed to do, and you've made a written demand, the next thing to do is file a motion in the appropriate court for an accounting and for distribution pursuant to the trust.

Read more
Answered on 1/06/10, 7:39 pm
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

You should make a demand in writing for an accounting with respect to the Trust and for the distribution of the Trust assets according to the terms of the Trust and set a reasonable time frame for the Trustee to do so. (What is reasonable will depend on the facts and circumstances of the Trust.) If the Trustee does not do so, you will need to file a petition in the proper Court to compel the trustee to do so. Depending on what the trustee is doing, and if it is truly outrageous, you could ask the Court to grant ex-parte relief but it is only under very rare circumstances that the Court would act on an ex-party basis. You should consult with an attorney right away to protect your rights.

Read more
Answered on 1/07/10, 8:36 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California