Legal Question in Wills and Trusts in Arizona

Can a trustee make disbursement of an estate's accounts contingent on beneficiaries signing a release from liability?


Asked on 10/31/10, 8:29 am

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

No, the trustee has a fiduciary duty to make disbursements as provided in the trust agreement, and the duty to the beneficiaries takes precedence over the trustee's desire to avoid any claim of wrongdoing.

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Answered on 11/05/10, 9:05 am


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