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Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 100048
Experience:  Fully licensed attorney in Texas in private practice.
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Does a trustee of a California trust have a timeline of

Customer Question

Does a trustee of a California trust have a timeline for distribution of principal to its beneficiaries. In other words, is there a statute that states something in terms of how long a trustee can hold on to money. THE TRUST HAS BEEN SETTLED AND IRS ESTATE TAX RETURN WAS COMPLETED.The person died in December 1st 2013, no money has been paid out.
Submitted: 8 months ago.
Category: Estate Law
Customer: replied 8 months ago.
Expert:  Ely replied 8 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry your question stood unanswered for so long - that is not common. Please allow me to answer it.

No, I am sorry - there is no statutory "timeline" under which the trustee has to perform. The trustee simply has to act "timely" and "reasonably." If there is a timeline within the trust instrument (document), then that timeline should be followed. If not, then the timely/reasonably subjective test is used. The trustee owes the beneficiary many duties - see HERE. One of them is to act timely and reasonably.

The beneficiary can always file a pleading with the Court to force the trustee to act. Unless the trustee has a valid reason for taking so long, the Court may at its discretion order the trustee to act, and if they are unwilling/unable, replace the trustee with someone who can and will.

Finally, the trustee may also be sued separately for negligence, fraud, and a host of other causes of action in connection for any failure to act under the trust. Perhaps the threat of all the above can help move the trustee to act faster.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 8 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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