Beneficiary Loan or Preliminary Distribution

In California, trustees are encouraged to make preliminary distributions to beneficiaries. Attorney Stewart Albertson, explains how this works.

Transcript

[Music] Okay you just found out you're the beneficiary of a three million dollar trust and there are three beneficiaries each one of you would get a million dollars each and that's a happy day because that doesn't happen often to many people so now you ask yourself when am I gonna get the million dollars you reach out to the trustee the trustee says it's gonna be at least a year and a half to two years before the trustee can complete the trust administration and then they'll distribute you're close to 1 million dollars to you well that really shouldn't be the way it happens in California trustees are permitted and encouraged to make what we call pulmonary distributions this is a distribution that's made before a final distribution a year or a year and a half from now when they complete the trust administration and so if there's 3 million dollars here the judges the courts the way they look at this is do you need all three million dollars trustee to complete the trust administration well no you might need a hundred two hundred three hundred thousand tops to complete the trust administration and if that's the case you can make a rather sizable distribution to each one of the trust beneficiaries remember in this case we have three beneficiaries that are supposed to get a total of 1 million dollars each it would not be on her to have a trustee distribute five hundred thousand dollars each to each one of them or maybe even six or seven hundred thousand dollars each because there's enough left over to complete the trust administration if a trustee refuses to make a preliminary distribution then you should seek the advice of an attorney who can go to the probate court and ask a judge to order them to make a distribution and in most cases we believe judges will make a distribution of that large amount of money in a preliminary distribution albertson and Davidson is here to help you fight for your inheritance check out al devlog com for our complete library of helpful legal videos and articles from your favorite California trusts and we'll litigation law firm Albertson and Davidson LLP.