uncooperative joint trustee/beneficiary

[finchrat]

Jurisdiction

California

Parents wanted her two siblings to be joint trustees and sole beneficiaries.
Basically nothing but household goods and momentos in the trust. A bit of jewelry.
The attorney who wrote the trust actually agreed to help administer pro bono as it was so basic.
The other trustee lives a distance away and was given the opportunity to opt out of being trustee. She refused claiming she wanted to accept the role and its duties.
Unfortuately the other trustee/beneficiary did not cooperate in the trust administration, would not appear at the property to divide the items per the trust nor assist in the administration. The other beneficiary has had to maintain and store the items at his own expense. There is no money in the trust.
Six years have passed since the death of the trustor and any administrative attempts.
Recently the uncooperative trustee is requesting certain items per the trust, that they be boxed up and left for her at the door to pick up.

Does this trustee/beneficiary have any right to make such a request? Must the other trustee cooperate in rummaging through the decedents belongings and pack them up?

 

[adjusterjack]

Does this trustee/beneficiary have any right to make such a request?

Yes.

Must the other trustee cooperate in rummaging through the decedents belongings and pack them up?

No.

Then you both have the right to let this fester for another 6 years.

 

[army judge]

Nothing from nothing leaves nothing.
There just ain't no there here.

Billy Preston – Nothing from Nothing

“Nothing From Nothing” topped the Billboard Hot 100 for a week in October of 1974. He also performed the song of the first musical performance on Saturday Night Live.

genius.com

 

[finchrat]

very clever.

 

[army judge]

Does this trustee/beneficiary have any right to make such a request?

Generally speaking, ADULT humans are free in the USA to say/utter ALMOST anything their brain directs their mouth vomit. However, others are generally free to IGNORE such ignoramuses and their howling, grumbling, bumbling rantings.


Must the other trustee cooperate in rummaging through the decedents belongings and pack them up?

Adult humans (US CITIZENS) aren't required to do anything more than OBEY our laws and established behavioral codes. That is to clarify, we're free to choose to ignore the lawless demands of idiots, who don't hold sway over the freedoms others enjoy.

Frankly, rummaging through the things you describe doesn't appear to result in ANYONE stumbling across thousands of authentic US DOLLAR CURRENCY, GOLD NUGGETS, or SILVER INGOTS. The thrill has long since vanished or been purloined by some bumbling "wannabe" purloiner.

 

[zddoodah]

Parents wanted her two siblings to be joint trustees and sole beneficiaries.

What is the antecedent of "her" in this sentence? Joint trustees and sole beneficiaries of what?

Basically nothing but household goods and momentos in the trust. A bit of jewelry.

Valued at what? Sounds like we're in the under $25k neighborhood.

Unfortuately the other trustee/beneficiary did not cooperate in the trust administration, would not appear at the property to divide the items per the trust nor assist in the administration. The other beneficiary has had to maintain and store the items at his own expense.

I get the sense you're using the same terminology to refer to two different people. Also, how much expense could possibly be incurred for "household goods and momentos [sic]" and "[a] bit of jewelry"?


Here's what I think you're describing: Two married persons (we'll call them H and W) created a trust for some reason. In the trust instrument, they designated their children as successor trustees and beneficiaries (we'll call them Trustee #1 and Trustee #2). H and W have been dead for at least six years. The value of the trust assets is minimal. The trustees have thus far failed to administer the trust, and Trustee #1 has been storing all of the trust assets. Is that about the long and the short of it?

Does this trustee/beneficiary have any right to make such a request?

Everyone has the right to make any requests that he/she wants. Whether Trustee #1 has an obligation to do as Trustee #2 requests is obviously something that can only be determined by reading the trust, but my guess is that no such obligation exists.


I'm guessing you're Trustee #1. Correct?

 

[Red Kayak]

Recently the uncooperative trustee is requesting certain items per the trust, that they be boxed up and left for her at the door to pick up.

They can ask.

If the location an item listed in the trust is known, and it was bequested to her, then box it up for her to pick it up. Make sure she signs something acknowledging that she has received it.

If the location an item listed in the trust was still around at the time of mom's passing, and it was bequested to her, but it no longer around, that's more complicated. How you all deal with that depends on what happened to it and why.

You can't have it both ways: you can't complain about storing the stuff, and then complain about having to "rummage around" to locate the stuff and unload it.