California Trust Probate Code Withdrawal
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FAQ
Disbursements are payments in cash or cash equivalents. In comparison, reimbursement refers to the actual payment to cover the original disbursement. For example, when attorneys pay expenses on behalf of a client, the money paid to a third party is a disbursement.
To remove the trustee of an irrevocable trust, a court must get involved. To start the process, a party with an interest in the trust (like a beneficiary or a co-trustee) must file a petition with the appropriate court requesting that the court remove the trustee.
The trust can pay out a lump sum or percentage of the funds, make incremental payments throughout the years, or even make distributions based on the trustee's assessments. Whatever the grantor decides, their distribution method must be included in the trust agreement drawn up when they first set up the trust.
Once disbursement is complete, meaning all debts and final taxes are paid, a trustee can distribute the inheritance to beneficiaries. This is called distribution. It is only then that money should be paid to the benefit or care of the beneficiary.
A trust may be terminated by the written consent of the settlor and all beneficiaries without court approval, but with notice to the Attorney General. Irrevocable trusts require the consent of all trust beneficiaries and Court approval to terminate, and the Attorney General should be given notice.