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LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 7441
Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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I was named in the family trust when my mother died in California

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I was named in the family trust when my mother died in California in April of 2012. I received part of the money left to me and was told by my brother the executor that I would receive the rest in about 6 months. It has now been 13 months. Should I be concerned? I would like to avoid speaking to my brother directly if possible (long story) but I would like to know what's going on. Is there a way to get information on the estate without going through my brother?

LegalGems :

Hi; My goal is to provide you with great service - if you have any questions during our chat, please ask! I'll do my best to ensure your satisfaction!

LegalGems :

I am sorry to hear of your mom's passing, compounded by this legal issue.

LegalGems :

The executor would be the proper person to address this issue, as he is charged with distribution of the estate.

LegalGems :

As a beneficiary, you are entitled to a copy of the trust so that you can ensure that you receive the assets according to the terms of the trust.

LegalGems :

The executor also has a fiduciary duty to keep you advised of the current status of the distribution.

LegalGems :

If he advised that you would receive the remaining assets in 6 months, it would not be out of line to ask for an explanation as to the delay.

LegalGems :

If it is a complicated estate (i.e. property needs to be sold), that can take longer, as the property would need to be liquidated. If the trust is not that complicated, and the trust does not involve delayed payouts, then 13 months would seem to be excessive.

LegalGems :

As the executor, he has a fiduciary duty to the heirs, and is obligated to act in their best interest. He can be held liable for any damages caused by his negligence.

LegalGems :

However, since he is the executor, you would need to discuss the issue with him. If you suspect any breach of fiduciary duty, it is best to have all communications in writing, so that should you need to request his removal as executor, the evidence will be documented.

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