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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 99981
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am an heir known as special. I have a trustee assigned to

Customer Question

I am an heir known as special. I have a trustee assigned to the disbursement. I have an allowance, and then there are needs (pot) the trustee has been difficult, invasive, withholding the money for needs. and now tells me that my check for allowance will not be in the bank this month . at 25 I received one fifth of the pot. at thirty I am to receive one third , at 35 all of the rest of the money and the house and any other property. She is very smug, and combative, invasive. now she is telling me I cannot have my needs met. and there is no money left. she has taken my allowance to pay for my needs.what can I do and is this legal?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Has anything been filed or reported?
Customer: regarding this problem?
JA: Anything else you want the lawyer to know before I connect you?
Customer: just that I have no access to money, and I have a young daughter.
Submitted: 17 days ago.
Category: Legal
Expert:  Ely replied 17 days 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 to hear about this situation. It sounds like you are the beneficiary of a trust. I am going to assume that this is what you mean here. If not, reply and let me know.
The trustee in CA owes duties to the beneficiary. See here:
www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=15001-16000&file=16000-16015
These include a multitude of duties, such as duties of loyalty, accounting, etc.
One can ASK for an accounting to see how much money is in the trust, in writing.
ONE can DEMAND in writing that money is to be dispersed for something if the trust allows it.
If the trustee is not following these duties and/or the trust's directions, then the beneficiary can file in Court to ask the Judge to ORDER her to do this, or, have her dismissed and someone else appointed to the position if she refuses to or cannot.
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.
Customer: replied 17 days ago.
I have an allowance which is separate from the needs pot. She had made me use my allowance for needs.
Expert:  Ely replied 17 days ago.
Hello,
She cannot make you do anything which goes against the trust's directions. So my original answer applies as is - either she follows the trust directions, or, the Court can appoint someone who will. However, the onus is on you to file and have this done.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

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