It seems our family trust executor postpones the death declaration of Father "forever" in order to move money behind us.

Asked over 1 year ago - San Jose, CA

What's the deadline to the banks specifically? Can beneficiaries do anything about this? Can we force him by law or do we need a court order to do so?

Attorney answers (3)

  1. Demosthenis Zeppos

    Contributor Level 7

    5

    Lawyers agree

    1

    Best Answer
    chosen by asker

    Answered . You need to file a petition with the probate court to demand an accounting and compel the trustee to act. When you say 'trust executor' to do you mean the trustee of the trust, or executor of a will. The trustee must disclose the terms of the trust to all beneficiaries, and likewise with a will, file a probate with the Court if the estate is large enough, or at least a simplified or summary petition if the estate is small. In either event, if a reasonable period of time has elapsed since becoming the trustee, you should likely engage a probate litigation or trust litigation attorney to pursue your rights and get the trustee (compel) to account and administer the trust

  2. John Noah Kitta

    Contributor Level 19

    3

    Lawyers agree

    1

    Answered . From what you stated I doubt your problem is with the bank, it sounds as if it is with your trustee. You need to see what the trust says regarding distribution. If it’s silent about distribution then the court ordinarily would employ a reasonable man standard. With the same circumstances what would a reasonable man do? Outside of voluntary compliance by the trustee your relief would be through the Probate Court.

    This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client... more
  3. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

    3

    Lawyers agree

    1

    Answered . Your question is not clear and you need to have the services of an estate planning attorney.
    If the executor/trustee is acting improperly-you can petition the court to have them removed.

    The answer given does not imply that an attorney-client relationship has been established and your best course of... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

22,829 answers this week

2,846 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

22,829 answers this week

2,846 attorneys answering