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