Legal Question in Wills and Trusts in California
To enforce a Living Trust
How exactly do I go about enforcing a living trust? Can you give me step-bystep instructions?
Asked on 5/22/08, 11:42 am
1 Answer from Attorneys
Aaron Davis
Law Office of Aaron M. Davis
Re: To enforce a Living Trust
Your question is not entirely clear. Are you attempting to force the trustee to follow the terms of the trust? Has the trustee breached the terms of the trust?
The trustee has a duty to keep the beneficiary informed of the trust and its administration. If the trustee breaches the trust or threatens to do so, a beneficiary may bring an action in court against the trustee for the breach.
Please note that some trusts contain no-contest clauses, so a beneficiary must carefully read the terms of the trust to make sure any action he or she takes will not disinherit him or her.
Answered on 5/22/08, 3:48 pm