If I’ve distributed the bulk of a Trust to the beneficiariesand am about to send out the final accounting, can I hold back some money?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I’ve distributed the bulk of a Trust to the beneficiariesand am about to send out the final accounting, can I hold back some money?

About $30,000 until the 3 year limitation is reached on contesting. Is this legal?

Asked on October 16, 2012 under Estate Planning, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Under the laws of all states in this matter you can hold back monies from the trust due to concerns about a contest of the estate for the time period that you have written about.

However, the better approach would be for a release agreement signed by all beneficiaries allowing the distribution sooner rather than later where the beneficiaries understand that in the event of a contest that a portion of the distribution given to them could be called into question and demanded by a third party.


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