Thank you and my apologies for the wait.One bank refuses to release his funds saying they think it should go to all children , even though he disinherited the others. Is this legal?
No, it is not. The bank cannot make a decision as to how to handle the accounts of the deceased if they are under a TRUST. What the trustee must do then is to take control of the accounts and distribute them per the trust's intentions
as written into the trust instrument (i.e. the document that created the trust).
If the trustee refuses to do this, then any interested party (i.e. any beneficiary of the trust) may file in Court do this themselves. They may ask that the Trustee do what is intended, or if the Trustee proves unable/unwilling to act, then to have them removed and someone else appointed who can carry out the intentions of the trust as necessary. California Probate Code Section 15642
An attorney is recommended. May I recommend the CA Bar referral program - here
. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.
I hope this helps and clarifies. Best of luck.
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