Legal Question in Wills and Trusts in California
Right of trustee VS Beneficiaries
In a living trust, does the trustee have the right to make all decisions as to how the estate is to be distributed?
Do the beneficiaries have any rights, or say in the matter. Is the trustee at liberty to pay himself at will, before distributing the estate among the rest of the beneficiaries?
What rights does the beneficiary have, and how do they go about protecting them?
2 Answers from Attorneys
Re: Right of trustee VS Beneficiaries
In distributing the property of a trust, the trustee must follow the dictates of the trust agreement. The trust agreement also dictates the manner and method of the trustee's compensation. The trustee has a fiduciary duty to act reasonably and cannot engage in self-dealing. If the trustee is not acting properly, the beneficiaries can petition the court to take jurisdiction of the trust and remove or surcharge the trustee.
Re: Right of trustee VS Beneficiaries
The Trustee's duties and authority should be outlined in the trust agreement. Beneficiaries can demand an accounting and/or removal of the trustee.
General trust information is available on our site www.No-Probate.com.
If you feel that you need an attorney's assistance, please feel free to contact me at my office at 626-578-0708. We specialize in trusts and estates and have been in Pasadena for over 25 years.
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