the trust said the assets were supposed to be distributed to the daughter, but she left the name of the assets in the name of the trust
In California, if the trust specifies that assets should be distributed to the daughter, but the assets remain in the name of the trust, it might indicate that the trustee has not completed the distribution process. The trustee is responsible for transferring the assets to the beneficiaries as specified in the trust.
Key Points:
- Trustee's duty: The trustee must follow the trust instructions and distribute assets accordingly.
- Legal implications: Failure to distribute assets may require legal action to compel the trustee.
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if the trustee is the beneficiary, i.e. the daughter failed to put the assets in her personal name, does that mean they were not distributed? The trust says that undistributed assets go to other heirs, but the daughter willed it to her boyfriend
In California, if the trustee (daughter) failed to transfer the assets to her personal name, it may imply that the assets were not properly distributed. According to the trust, undistributed assets should go to other heirs. Legal action might be needed to resolve this.
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Is there case law that says that the mere technicality of failing to change the name of the assets does not mean they were never distributed, when the trustee and the beneficiary are the same person
Case Rating: *
There might be relevant case law regarding the distribution of assets when the trustee and beneficiary are the same person. One notable case is *Estate of Moore* (*), where the court examined the duties of a trustee in the distribution of assets. However, specific circumstances can vary, and it might be beneficial to consult with a lawyer for detailed guidance.
Would you like to know more about how to initiate legal action to enforce the distribution?
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