Estate Law Questions? Ask an Estate Lawyer.
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Is this a trust or was it a will and she has just not made full distribution?
What does the will/trust say about distributing money to you?
Thank you for your reply.
If the trust is not specific on distribution, then distribution by CA law is left to the sole discretion of the trustee. If the trustee is not properly managing the trust and is not following the terms of the trust then the trustee may be removed. However, if the trustee is following the terms of the trust, then under CA law all that the trustee has to distribute is any interest or income of the trust each year to the beneficiaries. So, legally, the only thing that the trustee can be forced to do, if the trust does not mandate distribution, is make annual distributions of income to the beneficiaries.
If the trustee is not doing at least that, then you would be able to file suit to seek to remove the trustee. Other than that, the CA law puts the beneficiaries at the mercy of the trustee for other distributions from the trust if the trust is silent as to those distributions being mandatory.
The trustee has to distribute it if the trust calls for such a distribution. The trustee is not forced to make distribution under the CA code unless the trust calls for it.