What can I do if I’m one of the beneficiaries of my parents’ Trust but the trustee is withholding my share of the sale of the house?

The sale closed over 4 months ago. The trustee, my brother, contends that he can do this due to a stipulation in our dad’s Will that says that heirs can be omitted should they contest anything in the Will. I have only contested the trustees distribution of the proceeds, nothing about the Will.

Asked on June 6, 2017 under Estate Planning, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

That is correct: your recourse is to sue the trust and trustee for your share, on the ground that the trustee is violating the terms of the trust. You would file this suit in chancery court, which is a part or division of county court. Your brother, the trustee, will have his chance in court to present his evidence or documentation showing that you may be ommitted; the judge will decidew whether or not your entitled to the money.

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