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In the state of Calif, how long does it take to receive a bequest from a living trust

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karlaspal

Junior Member
What is the name of your state (only U.S. law)? CA

My employer had a revocable living trust. That trust specified that after her death I was to receive $2,000. She died in December of 2008, and I still have not received the $2,000 as of September 2011.

My employer's daughters are now co-trustees of my employer's estate (originally there was a family friend who was named as trustee, but he resigned due to health issues of his own, then there was an attorney handling the estate, but he died suddenly in October of 2009; following the attorney's death, I was informed by one of these daughters that she and her sister were now the co-trustees -- in the copy of the trust I received from the attorney, there was an option for these 2 daughters to be co-trustees if they so desired), which includes a house valued at 1.5 million dollars, and at the time of my employer's death she had approximately $150,000 in stock brokerage accounts.

One daughter told me that no disbursements will be made until the house has been sold, but the house has never even been put on the market. This same daughter indicated that some disbursements of property had been made to herself, namely some antique furniture and a car her mother had left to her.

Is there any sort of time limit (3 years? 5 years?), in the state of CA, for the trustees to make monetary disbursements to all beneficiaries of a trust? Also, am I supposed to file some sort of claim to the estate (I didn't figure I had to since I was named specifically in the trust as a beneficiary).
 
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justalayman

Senior Member
the distribution from a trust, based on your statement regarding the trust documents) should have happened long ago unless there was a reason such as the trust wasn't funded or the trust documents impose other rules or conditions that have not been met yet.

A trust is not part of the estate. It is a separate entity once the trustor dies and is dealt with separately from the estate.

Since you have a copy of the trust, you should be able to ascertain the answer to the question of whether the trust directed the assets be distributed at the time of the trustors death or not.

to the part of whether the trust was funded or not is something you would need to address the trustee about.

One thing odd about your post is: you speak of trustees of the estate. There are trustees of a trust. An estate would have an executor or personal representative, not a trustee. They are two different entities. Are the daughters trustees of the estate (using your improper term) or trustees of the trust?
 

anteater

Senior Member
Unfortunately, $2,000 hardly makes it worthwhile to retain the services of an attorney or undergo the grind of figuring out how to petition the court yourself.

Have you received accountings? I suggest that you stop talking and communicate by letter. Request an accounting. Make life miserable enough for them that they will send you the bequest just to get you out of their hair.

16062. (a) Except as otherwise provided in this section and in
Section 16064, the trustee shall account at least annually, at the
termination of the trust, and upon a change of trustee, to each
beneficiary to whom income or principal is required or authorized in
the trustee's discretion to be currently distributed.
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=16001-17000&file=16060-16069
 

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