Citrus Heights, CA asked in Estate Planning for California

Q: Final distribution of trust to benes will delay min. 6+mos. by institutional trustee without full release. Reasonable?

marital trust terminated 2 mos. ago on death of surviving spouse. 3 adult children only benes. Trustee will delay final distribution of only asset (brokerage acct w/various mutual funds, ETFs, etc) w/o full release & indemnification. Excessive fees & trading, refusal to distribute are only known issues. Worthwhile?

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1 Lawyer Answer
James Edward Berge
James Edward Berge
Answered
  • Estate Planning Lawyer
  • San Jose, CA
  • Licensed in California

A: If you get regular monthly accountings from the institutional trustee and have no objections to those detailed accountings, then yes, in my professional opinion, their request for a final distribution conditional upon a final release of all claims is reasonable. If this were a non-professional trustee and no regular accountings, I would be it was unreasonable. The alternative is a court settled account at additional expense to the trust and of course the delays in getting the money to you.

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