If I was named a beneficiary of my mother’s living trust, what are my rights to receiving my money?

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If I was named a beneficiary of my mother’s living trust, what are my rights to receiving my money?

My mother died 9 years ago. She had a living trust of which her husband, not my father, was the trustee if she should die. Nonetheless in the living trust my mother listed a sum of $150,000 each to myself my sister and my brother and then a $25,000 sum she left for my 1/2 brother. When she died her husband decided he would not disburse the funds to us yet because they were safe where they were and gathering interest. Well I haven’t spoken to him in a while but I guess my brother did but he has refused any pay out to us saying that we will have to wait until he dies. I am in desperate need of some/all of my money. I have no car I am renting a room from a stranger. My children can’t live with me due to my financial woes. I have debt and legal problems which must be paid. I am working 40 hours a week at a low paying job and my wages are about to be garnished due to a school loan.

Asked on December 2, 2011 under Estate Planning, California

Answers:

Sharon Siegel / Siegel & Siegel, P.C.

Answered 10 years ago | Contributor

I would suggest that you move on this.  There are several ways to go.  You did not mention if your mother's will was filed with the court, which would affect the answer.  However, have you ever seen the trust?  If you are entitled to mkjoney to be paid outright to you, I would suggest that move on it.  There are several ways you could proceed - all would involve hiring a lawyer and depending on the speed with which you need the money.  For example, you could compel an accounting (but this is a slow procedure) or you could make a motion to compel a distribution - depending upon the terms of the trust you could do it by petition or odrer to show cause.  There are so many variables, you really should conult a lawyer or you will never get your money.  I would happy to discuss with you in further detail. Sharon M. Siegel, Esq. of Siegel & Siegel, P.C.


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