Legal Question in Wills and Trusts in Massachusetts

rights of benificiaries

What is the right of a benificiary named in a Trust or Will?


Asked on 3/17/07, 7:08 pm

3 Answers from Attorneys

Herbert Cooper Law Offices of Jameson & Cooper

Re: rights of benificiaries

Although you pose a broad question, it can be answered in similar fashion:

The rights of a beneficiary under a will come from two different sources:

a.) The actual language of the trust or will, and

b.) Applicable law, which provides guidance in certain specific circumstances.

Generally, you have the right to information about a trust or will, but this right only applies in certain circumstances (e.g., you do not generally have a right to see what's in the will of someone while they are alive, unless they want you to see it.) Likewise, a trust may be drawn in such a way that your right to information is limited when you are not vested or receiving benefits. Once the testator is deceased, you would have the right to know what is in the person's estate (this is done through probate inventory and accounting). Similarly, a trustee may be required to account for what is in a trust. In each case, a beneficiary has the right to receive the information to which they are entitled, along with any distributions (money or property) specified by the will or trust, absent intervening circumstances (such as lack of assets). They may also have the right to request the removal of the trustee or executor if they are not fulfilling their duties as required by the trust or will and as required by law.

There is much, much more which can be said, but if you have present concerns, you should consult with an attorney.

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Answered on 3/18/07, 4:47 pm
Alexandra Golden Golden Law Center

Re: rights of benificiaries

This is a very broad question, but generally speaking, the rights of the beneficiaries include receiving the distributions as directed by the will or the trust; requesting and receiving accounts documenting what's in the trust, how the assets have been invested, and what has been distributed; and any other rights which may be listed in the document. The burden is on the trustee or the executor to show that he is being prudent with assets, loyal to the purpose of the trust or will and to the interest of the beneficiaries, and handling his duties with care.

Please feel free to contact me if you have any questions.

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Answered on 3/17/07, 7:16 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

rights of beneficiaries?

The rights are those written into the will or trust. These are two different documents, and each has different and similar rights.

To get a better idea, you need to provide me with more information.

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Answered on 3/17/07, 10:58 pm


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