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Trustee fails to give money to beneficiary by date due on trust?

Roseville, CA |

It has come to light recently that my uncle Mike paid taxes from after my grandma dying in 2008. About that time he was suppose to pay all eight grandchilden once the last one turned 30 years old. Instead of paying the kids he emptied the Irrevocable trust accounts and says he's giving us 8% annual interest on top. Mike refuses to even show a copy of the trust to me even after I sent him a written letter asking for a copy.

What should I do? Is my uncle Mike as the only trustee in violation for failing to give beneficiaries money when he was suppose to? If so, what specific California code section covers that?

My uncle Mike had many options including asking my dads friend for a loan. My uncle Mike already owes him $350K. My dads friend is willing to loan more to pay off kids.

Attorney Answers 3


This is a complex question, and you need to consult an experience wills and estates lawyer as soon as possible.

This answer is intended to be taken as general information and not as specific legal advice. You should always consult a qualified attorney and make him familiar with all the relevant facts in order to get proper legal advice. Every case is different, and they must be evaluated on a case-by-case basis. David N. Smith Austin, Texas (512) 457-0100

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It sounds like your uncle served as the executor to your grandmother's estate in 2008, and is currently serving as a trustee to an irrevocable trust set up by your grandmother to benefit you and your cousins. As a trustee he has a fiduciary duty to the beneficiaries - you and your cousins - and in (reasonably) fulfilling the terms of the trust. The trustee duties must be carried out in good faith, and without self-dealing, meaning that he is not supposed to profit from the trust assets aside from the possibility of being paid for his work as trustee if the terms of the trust and state law permit it. Since it sounds like your uncle is not being forthcoming regarding the trust, you will probably need to go to court to assert your rights as a beneficiary. You will want a lawyer to advise you on what remedies the court might offer, and you should discuss this with your cousins as they are also beneficiaries of the trust.

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1 lawyer agrees


I agree that the best course of action is to consult with an estate planning attorney to represent you as a beneficiary in making any claims against your uncle. Please feel free to contact my office directly to schedule a free consultation. 800-818-3954

This does not constitute legal advice nor does it create an attorney-client relationship.

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