How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102192
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
Ely is online now
A new question is answered every 9 seconds

My father left a trust when he passed recently in California.

This answer was rated:

My father left a trust when he passed recently in California. It was left to four of his seven children. 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?
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your loss, and your situation.

Can you please tell me:

1) Are the accounts in this bank INCLUDED in the trust, or are they separate and outside of the trust?
2) Did he pass recently?
3) Was probate executed once he passed?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 4 years ago.
I don't see any accounts listed individually, just " my assets and property" . No probate to my knowledge. He passed in April
Thank you for your reply, friend. It sounds like he left a WILL.

A Will is directions on how to distribute the assets.

A TRUST holds assets in the trust's power and they are slowly, over time, distributed to others.

Are you sure you do not mean he left a WILL, otherwise known as a Last Will and Testament?
Customer: replied 4 years ago.
He had a will in 2012, but changed it to a trust in March of 2013 with a Trustee outside the family.
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.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces 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. (You may always ask follow ups at no charge after rating.)
Ely and 4 other Family Law Specialists are ready to help you

Related Family Law Questions