Q: If there is a will & trust with money for estate, shouldn't the executor use that money instead of his own creditcards??
Executor of my mom's trust, which I am beneficiary to, has been using his credit cards for expenses. And detailing and charging the trust all the interest charges being accrued. Can I somehow dispute these charges and get back into the trust??
A:
Under California law, the executor of a trust is expected to manage the trust's assets responsibly and in the best interest of the beneficiaries. Ideally, the executor should use the trust's funds for expenses, rather than personal credit cards. If the executor is using personal credit for trust expenses and charging interest to the trust, this raises questions about the management of the trust.
As a beneficiary, you have the right to request an accounting of the trust's expenses and actions taken by the executor. This can help you understand how the trust's funds are being used and whether the charges made by the executor are appropriate.
If you find that the executor's actions are not in the best interest of the trust or the beneficiaries, you may have grounds to dispute these charges. It would be advisable to consult with a lawyer who has experience in trust and estate law. They can guide you on how to proceed, potentially including how to challenge the executor's actions and seek reimbursement for any improper charges to the trust.
It's important to act promptly and seek professional advice to ensure that the trust is being managed properly and your rights as a beneficiary are protected.
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