Contact Information

(310) 348-8138 phone
(213) 389-8139 fax

Law Offices of Keith J. Moten
6601 Center Drive West
Suite 500
Los Angeles, CA 90045

Still Waiting on Your Trust Inheritance?

Unfortunately it is all too commonplace that people come to me telling me that their parent, grandparent, or loved one has died, leaving them an inheritance in their will or trust.  However, these people also inform me that it has been years since they’ve heard anything about their inheritance, or that they’ve only received a fraction of their inheritance, but they’ve never received the whole distribution.  


Even worse, it’s usually a sibling, or a close friend of the family who is in charge of the trust or estate.  And it is precisely because it is a trusted family member or a friend of the family who’s in charge of the estate that people allow them such leeway, and so much time to pass without asking the right questions, or taking the appropriate actions.  Often, people don’t want to “ruffle feathers” or cause problems with their sibling or friend, out of their familial sense of loyalty to them.

Whenever a successor trustee of a Trust is appointed (the person who is in charge of the Trust after the Trustor—the person who creates the Trust—dies), they are bound by law to follow the directions of the Trust specifically, with little room for deviation.  They are also bound by various provisions of the Probate Code, which require them to issue an accounting to trust beneficiaries (the people who are supposed to inherit something); provide a copy of the trust upon written request; manage the Trust assets with care; and a host of other duties and responsibilities.  

Failure to abide by these legal duties can and often does mean trouble for these Trustees, and can subject them to money penalties and/or removal as Successor Trustee.  If the Successor Trustee is also a beneficiary of the Trust, they can have the money damages incurred by the Trust subtracted from their inheritance.

But, how do you know if a Successor Trustee isn’t abiding by his or her duty/duties?  Here are some examples of the most common breaches of Trust by a Trustee:

  • Where a Trustee fails to give an accounting, or fails to give a detailed accounting in accordance with the provisions of the Probate Code;
  • Where a Trustee fails to give a Notice of Irrevocability of the Trust, informing the beneficiaries of the contact info for the Trustee, or attorney for Trustee, etc.;
  • Where a Trustee mismanages Trust assets (e.g. fails to sell real property or securities in a down market for an extended period of time);
  • Where a Trustee uses Trust assets for him/herself (e.g., steals money from the Trust/ liquidates securities and uses the money for him/herself, lives in real property of the Trust rent-free or allows someone else to live in Trust real property rent-free for an extended period of time);
  • Where a Trustee charges an exorbitant amount of money for his/her services, or hires others who charge an exorbitant amount of money for their services;
  • Where a Trustee simply does nothing for a prolonged period of time.

If you or anyone you know are a beneficiary of a Trust, and are facing problems such as these, I urge you to consult an attorney NOW, as your inheritance may be dissipating before your own eyes.  And unfortunately, without legal intervention, your inheritance can be dwindled down to nothing, with little to no chance of obtaining any recourse against the Trustee, either civil or criminal.

Often, people delay taking action because they are worried about the cost of retaining an attorney.  Most attorneys charge a hefty upfront fee for their retainer, and most people simply can’t afford it.  But The Law Offices of Keith J. Moten offers free initial consultations, and the possibility of taking cases such as these on a contingency fee basis, so as to minimize your out-of-pocket expenses.

Attorney Keith J. Moten is a Los Angeles Trust and Probate Attorney, and specializes in contested Trust and Probate Matters.  His offices are located in Los Angeles, California, and has recovered more than $4 million dollars in lost or wasted Trust assets on behalf of his clients.

Contact me at the link here: www.motenlaw.com, or via phone at (310) 348-8138.  Act today.  The inheritance you save may be your own.

The Law Offices of Keith J. Moten.  

Protect your Inheritance.  Preserve Your Legacy.