As a trustee, how doI obtaina decree of distribution in order to release funds within a testamentary trust?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

As a trustee, how doI obtaina decree of distribution in order to release funds within a testamentary trust?

I am a trustee of this testamentary trust and have provided a letter of instruction, notarized by both trustees, to a bank in CA, to release these funds (a matured CD). They now want a decree of distribution. How can I do this from the state of AZ? The other trustee lives in CA.

Asked on April 20, 2011 under Estate Planning, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If the other trustee lives in California could he or she not ask the court to order the distribution by making an application in both of your names as trustee?  Does the trust require that both of you sign or can you act independently but in agreement?  I would think that you could but reading the trust document will tell you for sure.  Then I would either seek legal help to do this or go and seek help from the court clerks in California.  The court system in California always seems to have many forms and self help documents for the pro se (without an attorney) litigant, although with the issue of fiduciary liability I would tend to steer clear of doing it yourself.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption