Legal Question in Wills and Trusts in Colorado

Obligations of a Trustee

Louise Aron

Attorney at Law

Lakewood Office:

1536 South Ingalls

Lakewood, Colorado 80232 USA

(303) 922 7687

fax (303) 922-1370

Cherry Creek Office:

300 South Jackson #100

Denver, Colorado 80209 USA

(303) 780-7339

Satellite offices:

Boulder - 4450 Arapahoe Avenue, #100

DTC - 4610 South Ulster, #150

A TOLL FREE NUMBER is available to clients outside the Denver metro area.

My web site http://effectnet.com/la/

My email: [email protected]

LawGuru User

Dear LawGuru User:

The Trustee is obligated to act pursuant to the Trust document and the law, but is not, in my opinion, required to explain the Trust to any beneficiary.

A beneficiary having the kinds of problems you describe should hire an attorney to explain the Trust document. A beneficiary's interest is not the same as the Trustee's and therefore a beneficiary who has questions about whether or not she is receiving what is due her under a Trust needs an attorney.

Should negotiations between a beneficiary and the Trustee fail, then litigation can attempt to force the Trustee to act consistently with the terms of the Trust Document. Though I am not a litigator and I make every effort to prevent litigation, it is important to be aware that it is possible to persuade the Trustee, by negotiation and/or litigation, to part with funds the Trustee would otherwise prefer to keep.

Please feel free to contact me with further questions.

Thank you for using LawGuru.

Sincerely,

Louise Aron

Attorney at Law

My web site http://effectnet.com/la/

Re: Discretionary Trust Beneficiary Rights

You have rights as a beneficiary that are protected under Colorado law. Your rights to distributions from the trust depend on the trust instrument and the degree of discretion granted to the trustee.

You should hire your own trusts and estates lawyer to assist you in reading, understanding and interpreting the trust. Such a lawyer can also assist you in speaking with the trustee.