Are you named a Beneficiary of a Trust? We can advance your best interests and make sure you understand both your rights and options under the terms of the Trust. If you need to dispute the terms of the Trust, hold a Trustee accountable for failure to administer the Trust, for failure to provide you with information about the Trust, or Trust accounting, you can depend on us to fully advance your rights and entitlements under the Trust and the California Probate Code.
The California Probate code outlines your rights as a Trust Beneficiary or an Estate Heir.
As a Trust Beneficiary in California, you have the right to receive:
- Notice and a copy of the Trust, when a revocable Trust becomes irrevocable, and you are a present income Beneficiary;
- Information about an irrevocable Trust; and
- Trust accounting.
What to Do if the Trustee Breaches Their Fiduciary Duty
One of the more common reasons a Beneficiary needs to involve the court is when they have requested information about the Trust or Trust accounting, and the Trustee has failed to provide such.
In this case, the Beneficiary can file a petition asking the court to compel the Trustee to file an account and report about the Trust assets, income and expenses of the Trust, and propose a distribution plan to the Beneficiaries. Keep in mind, however, that you may not have the right to obtain information about the Trust if the Trust is revocable, or you waived your right to a report in writing.
If the Trustee has violated your rights or failed to uphold their fiduciary duties, you may file a court petition to compel the Trustee to explain their actions before a judge, or to remove or replace the Trustee.
What Are the Duties of a Trustee?
Some of these responsibilities are relatively straightforward, while others are more nuanced. With our Attorney's guidance, you can make sound legal and financial decisions that carry out the terms of the Trust, and advance the best interests of the Beneficiaries. Even Trustees with the best of intentions may find themselves facing liability because of inadvertent missteps. They might simply misunderstand their responsibilities or the terms of the Trust.
Retain the Support You Need Today
At the Law Offices of Maria N. Jonsson, PC, we are here to help you understand your rights and entitlements under the Trust, Will, or the Probate code, and if necessary, to assert your rights in court.