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

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

Posted

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

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Posted

But I heard from him that there is no need for the only assets left in the Trust: a CA house, which does not need to go through probate court. Other bank accounts, he transferred funds to his own account through online banking webpage, while (90-year-old) father never has experience touching a computer before, under the condition that father was not incapacitated,and that I never find any POA paper at county's clerk's record webpage till now.

Posted

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 action is to have legal representation in this matter.

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And, the will/trust is "no contest" one, although I learned from some attorney that if I do so, I am actually challenging the mismanagement behaviors and not the provisions of share distribution %, naming of the executor etc. So, I probably would be ok following your advice.

David Alexander Yomtov

David Alexander Yomtov

Posted

I agree that asking for an accounting is NOT a challenge to the will/trust. The trustee has an obligation to follow the trust's mandate, and without an accounting who would know if they are complying or not?

James P. Frederick

James P. Frederick

Posted

What you get on Avvo is not advice. It is information. You cannot rely on it, because none of the attorneys here are your lawyer. We do not have all of the facts necessary to advise you. We get 800 character snippets of a situation and try to answer basic questions. That is no substitute for sitting down with a lawyer and reviewing the entire matter. That is what you need to do.

Posted

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.

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Posted

Will/trust is perfectly clear in percentage of distribution for his assets after Trust turn to be irrevocable. But, the trustee let everyone believe he is the POA (actually a spring POA in paper but Father was not incapacitated) during the time he was taking care of Father before death, and left only what he could not move away in the Trust.

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