Grandma died Aug. 08. Aunt is executor of trust. Aunt hasn’t paid out monies owed to family members, what can we do about it?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Grandma died Aug. 08. Aunt is executor of trust. Aunt hasn’t paid out monies owed to family members, what can we do about it?
Aunt is in full control of Estate and there is a good amount of monies in the trust. We are afraid she’s spending it. She’s also suppose to be paying monies into the trust for rent as she is living in grandmas’ house. We don’t believe she’s doing that. Again what should we do? Is there a time limit (law) with in a trust that would state monies need to be paid out by a certian time?
Asked on May 25, 2009 under Estate Planning, California
Answers:
J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
As executor of the trust, your aunt have what are called fiduciary duties of trust, loyalty and care to make sound decisions and perform the duties under the trust. You need to speak with a probate attorney that litigates. If you have reason to believe that the aunt is not performing these duties, you can have her removed as the executor. to do that, you will need to file an action in court to get her romoved and to will also need to review all the accounts she has access to to determine teh extent to which she has failed to honor the trust. Do not wait another day....
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.