June 12, 2018

Why Won’t the Trustee Make a Distribution and Pay Me What I Am Entitled to?

trustee reading document

 

Pursuant to Probate Code Section 16061.7, the trustee of a trust must distribute copies of the trust to all trust beneficiaries within 60 days.  The Notice must identify: the settlor or settlors and the date of the trust instrument; the name, mailing address, and phone number of each trustee; the address and physical location of the place of trust administration; and any other information that is specified in the trust.

Why won’t the trustee distribute your money?  It could be for a variety of reasons.  For example, perhaps the trustee is not a professional and is feeling overwhelmed or does not understand the trust.  In some situations, however, the trustee may not be making a distribution because he or she did something wrong.

No matter the case, the trustee has fiduciary duties to the trust.  As a beneficiary, you are entitled to be informed by the trustee.  If you are not, you may need to take action.

It may be helpful to have a lawyer assist you in drafting a letter to the trustee.  If this does not work, you may need to file a petition in Superior Court.  The petition could simply ask for a distribution, or perhaps an accounting.  It may even be possible to surcharge the trustee for any losses of the beneficiaries.  And in some cases, there can be an award of double damages.

If you have serious concerns about the way the trustee is administering the trust, you cannot afford to allow things to get worse.

You should speak with an attorney who assists clients with trust matters.  At Mendes Weed, LLP, we assist clients with trust and estate litigation, probate, trust administration, and estate planning.

Mendes Weed, LLP is here to help you if you have any questions.  (925) 390-3222.

The tips and materials provided on this page are for informational purposes only, offered as public service. No information on this website should be considered legal advice or used as a substitute for legal advice. For legal advice, you should contact an attorney directly.