Legal Question in Wills and Trusts in California

Re: Beneficiary rights under living trust

The trustee is usually bestowed the right to control things like who gets to live in the house after the decedent's death. However, the trustee also owes a fiduciary duty to the beneficiaries to ensure their rights are being protected. If the trustee is abusing his or her power, you may be able to bring a complaint in court to have the trustee removed.

Re: Beneficiary rights under living trust

Not necessarily. The house is in the name of the trustee. The trustee has to carry out the terms of the trust. If the trust provides for that, then the trustee would have to make the house available to the beneficiary for that purpose. If it does not, then the trustee has the discretion to resolve the issue of the house anyway that is consistent with the Trustor's intent as manifested in the trust and is fair and equitable to the other beneficiaries.