Grandma died Aug. 08. Aunt is executor of trust. Aunt hasn’t paid out monies owed to family members, what can we do about it?

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Grandma died Aug. 08. Aunt is executor of trust. Aunt hasn’t paid out monies owed to family members, what can we do about it?

Aunt is in full control of Estate and there is a good amount of monies in the trust. We are afraid she’s spending it. She’s also suppose to be paying monies into the trust for rent as she is living in grandmas’ house. We don’t believe she’s doing that. Again what should we do? Is there a time limit (law) with in a trust that would state monies need to be paid out by a certian time?

Asked on May 25, 2009 under Estate Planning, California

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

As executor of the trust, your aunt have what are called fiduciary duties of trust, loyalty and care to make sound decisions and perform the duties under the trust.  You need to speak with a probate attorney that litigates.  If you have reason to believe that the aunt is not performing these duties, you can have her removed as the executor.  to do that, you will need to file an action in court to get her romoved and to will also need to review all the accounts she has access to to determine teh extent to which she has failed to honor the trust.  Do not wait another day.... 


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