Show
Ten (10) Trust Beneficiary Rights People Don’t Know They Have:Being named a beneficiary of a trust entitles a person to certain rights. However, sometimes those rights are violated by trustees that fail to responsibly manage their role. In those situations, beneficiaries should immediately contact an experienced beneficiary rights lawyer to protect their interests. The attorneys at The Legacy Lawyers help beneficiaries exercise their rights under California probate code and trust laws by holding fiduciaries accountable to their legal duties and responsibilities. What Are Your Beneficiary Rights in CaliforniaIn general, beneficiaries have: 1.) The right to a true, complete and final copy of the trust, any written amendments thereto, and any written instructions that could impact the distribution of trust assets. 2.) The right to contest the trust and any of its provisions or amendments. In order to exercise this right, one may have time restrictions and encounter many complexities requiring the skill of a trust litigation attorney. 3.) The right to be reasonably informed about the trust and its administration. Upon reasonable request, you are entitled to a report of information about assets, liabilities, receipts and disbursements relating to the trust that are relevant to your interest. 4.) The right to an accounting. A sample of the accounting could include the Trustee’s written statement of receipts, disbursements, the nature and value of assets and liabilities, the Trustee’s compensation, the names of the agents hired by the Trustee, their relationship to the Trustee and their compensation. 5.) The right to object to an accounting and to seek judicial review and approval of any accounting you receive. 6.) The right to compel a Trustee to administer the trust according to its terms such as avoiding conflicts of interest, avoid self-dealing, and to secure and make trust property productive. 7.) The right to receive fair and impartial treatment from the Trustee. 8.) The right to ask a Judge to suspend the Trustee’s powers or replace him or her with a successor Trustee. 9.) If the Trustee has been connected with misappropriation, wrongful transfers,or other financial fiduciary irresponsible acts, you have the right to seek legal remedies against the Trustee. 10.) You have the right to receive timely distributions from the trust subject to the distribution clauses within the trust. What to Look for When Hiring a Beneficiary Rights LawyerHow does a beneficiary of a trust know when the time is right to contact a beneficiary rights lawyer? They should contact a lawyer when they suspect the trustee is not being fair. Here are some examples of when past clients contacted The Legacy Lawyers to set a free beneficial rights consultation:
Of course, all trusts are unique arrangements. At Legacy Lawyers, we carefully and thoroughly evaluate all estate planning documents to interpret the language before making recommendations for our clients. What to Expect from a Beneficiary Rights Lawyer-Client RelationshipWhen a beneficiary establishes an attorney-client relationship with a beneficiary rights lawyer at The Legacy Lawyers, he or she can expect a custom strategy to achieve their objectives, set by a team of 5 trust litigation attorneys. The lead attorney will examine the trust documents, accounting, reports of trustee activities and make ongoing recommendations based on the evidence at hand. We focus our efforts on making conservative suggestions, although we will not hesitate to fight for our clients’ rights, including entering into trust litigation when necessary. Additionally, we offer clients consistent, up-to-date communication with our firm so they remain knowledgeable about their cases. Beneficiaries of trusts and wills should always feel comfortable and secure in their positions. This is their right under California law. If you feel that your rights as a beneficiary have been violated, please contact the Legacy Lawyers at (800) 840-1998. We welcome the opportunity to sit down with you during an initial consultation to talk about this or any other legal issue. Do beneficiaries have a right to see the trust California?Does a Beneficiary Have the Right to See the Trust? The California Probate Law section 16061.7 provides for the beneficiaries right to see the trust. Trustees should furnish beneficiaries and heirs with copies of the trust document.
Are trusts public record in California?A trust is not a public record. So, the general public or anyone who is not a beneficiary does not have a right to know about the assets in your trust.
Can beneficiaries see the trust deed?Generally speaking, beneficiaries have a right to see trust documents which set out the terms of the trusts, the identity of the trustees and the assets within the trust as well as the trust deed, any deeds of appointment/retirement and trust accounts.
Do trustees have to inform beneficiaries?While there is no general duty to inform such persons of their status, in practice, given that the trustees are under a duty to consider the situation of all the potential beneficiaries (when, for example, deciding on whether to make a distribution from the trust), the trustees may well have to inform the beneficiaries ...
|