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  1. #1
    Join Date
    Nov 2010
    Posts
    1

    Default Distributing a Trust or Resigning as Trustee

    My question involves estate proceedings in the state of: California

    Hello,

    I have been assigned as trustee for a trust and living will.

    There are a total of five beneficiaries four of the five have accepted the accounting. The one who did not, is making threats against the trust and it has been going on for about a year (back and fourth with letters).



    The beneficiary is now saying they want their inheritance without signing for the accounting. By cashing the check is it a form of accepting?

    With all of the threats that have been made, I am wondering if the inheritance money will be used to put up an even bigger fight.



    What is the time limit for that beneficiary to appeal the trust? (Threats for a year but no action and nothing has been done wrong to fight.)

    It says that if someone contest, they will be kicked out. Would the beneficiary still be able to do anything when it states this?



    The most important question I have is...

    How do I end my job as trustee if there is a person who is fighting? (I would like the weight lifted off of my shoulders.)


    I would really appreciate some answers.. This has gone on way too long and I am really confused on how to put this to rest.

    Thanks!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: California Probate Law

    You, as trustee, would normally be empowered to hire a lawyer to advise you and to deal with this type of situation, with the lawyer's fee to be paid from the assets of the trust. It sounds like that would be a sensible step to take.

    Is a successor trustee designated in the trust?
    Quote Quoting California Probate Code, Sec. 15640.
    A trustee who has accepted the trust may resign only by one of the following methods:
    (a) As provided in the trust instrument.

    (b) In the case of a revocable trust, with the consent of the person holding the power to revoke the trust.

    (c) In the case of a trust that is not revocable, with the consent of all adult beneficiaries who are receiving or are entitled to receive income under the trust or to receive a distribution of principal if the trust were terminated at the time consent is sought. If a beneficiary has a conservator, the conservator may consent to the trustee's resignation on behalf of the conservatee without obtaining court approval. Without limiting the power of the beneficiary to consent to the trustee's resignation, if the beneficiary has designated an attorney in fact who has the power under the power of attorney to consent to the trustee's resignation, the attorney in fact may consent to the resignation.

    (d) Pursuant to a court order obtained on petition by the trustee under Section 17200. The court shall accept the trustee's resignation and may make any orders necessary for the preservation of the trust property, including the appointment of a receiver or a temporary trustee.

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