Legal Question in Wills and Trusts in California
Living Trust: Beneficiaries property rights?
My step-father recently died. He and mother had a Living Trust, and he gave my brother and I a gift of some substantial property. My mother is the trustee of the estate, and she now wants to sell the property and give us the proceeds rather than give us the property outright. We would rather she not do this, but I'm not sure what our rights (if any) in this matter are. Things are somewhat tense right now, and she hasn't been forthcoming with any information about the Trust.
1. Does she have to officially notify us in writing of the plan for Trust dispersement?
2. Do we have a legal right to see the Trust documentation? If so, how do we request it and from whom?
3. Can she sell the property without our consent?
Thank you.
3 Answers from Attorneys
Re: Living Trust: Beneficiaries property rights?
Beneficiaries are entitled to a copy of the trust and you may obtain them by requesting a copy from the Trustee. Call me directly at (619) 222-3504
Re: Living Trust: Beneficiaries property rights?
If any part of the trust becomes irrevocable, the successor trustee ir required to notify any potential heirs and named beneficiaries that they have a right to a copy of the trust, as per the Probate Code.
Send her a written demand for a copy of the trust. If she fails to do so, you can petition the court to force her to do so.
Let me know if I can help.
Re: Living Trust: Beneficiaries property rights?
your mother, as trustee of the estate, has legal title to the property within the trust, while you as a beneficiary has equitable title. what this means more or less is that your mother has fiduciary duties to act in your best interest above her own at all times as well as ensure that the assets are not wasted. the trust instrument itself will dictate expressly or impliedly how your mother can use trust funds for your benefit. however, as a beneficiary you are entitled to see and review the actual trust instrument, as well as have an accounting of all assetst therein. under the facts u have given so far, your BEST route would be to retain legal counsel to make sure you can see and review the actual trust intrument before your mother does certain things with the property therein that would not be in your best interests or she is not authorized to do before its "too late". if you would like further legal assistance and/or representation in this urgent matter, please email me directly with how you would like to proceed.