Milpitas, CA asked in Estate Planning for California

Q: I have a 30% stake on a trust from my aunt who recently pass away.

The executor is using funds from the trust to improve the house that is part of the trust so she can sell the house to her sister. Since I have 30% stake on this, what it my legal standing on this? Can I ask the executor to cease and stop what she is doing and just divide up the trust immediately ???

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1 Lawyer Answer
Julie King
Julie King
  • Estate Planning Lawyer
  • Monterey, CA
  • Licensed in California

A: It depends on what the trust says. The trustee must follow the terms of the trust, but some trusts give the trustee discretion to act in certain ways. Give a copy of the trust to a lawyer in your area and he/she/they can advise you on your rights.

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