Category: Trust Beneficiary

can they sell it

Yes, but the money must stay in the trust. This happens quite often with Bypass Trusts and Marital Trusts. A surviving spouse is named as the Trustee, but the Trusts themselves are irrevocable. They cannot be amended or changed, but they can be administered by the Trustee. Nearly every Trustee has the right to sell […]

trust king

Who makes decisions over your Trust assets? If you are the beneficiary of a Trust, you may be surprised to learn that the Trustee is the person, the only person, who decides what to do with your Trust assets. Whether it is buying, selling, paying, or bartering, the Trustee calls the shots. That’s just how […]

refuse to sell

Can a Trustee refuse to sell a house owned by the Trust? Typically, the answer is no. But it depends on the circumstances of your Trust. Here is the most common scenario: You are a beneficiary of a Trust. There are two or more other beneficiaries. The Trust requires that all Trust assets be distribution […]

stop trustee abuse

Trustee abuse can occur in irrevocable Trusts. It is fairly easy to tell. For example, if you are entitled to receive money from a Trust for your health, educations, maintenance, and support, then you should be receiving something from the Trust. Everyone has some amount of maintenance and support requirements. Rent, car payments, health insurance […]

what's interference

My friend promised to leave me a big gift as part of their estate, but when my friend died I was left nothing. Can I sue? Well that all depends on the circumstances surrounding your friend’s estate plan. If your friend simply changed their mind. Or worse yet, if your friend lied to you, then […]

why do so few get to sue?

In 2012, the California Appellate court recognized a new lawsuit for those who lose an inheritance due to wrongful interference by someone else. For example, you were going to receive a large gift from a friend and then that plan was either changed or stopped due to another person’s bad acts—such as lying about you […]

When a Beneficiary is Trustee

In California, Trustees can also be beneficiaries of a Trust. Even if the Trust has multiple beneficiaries. That means one person can be both the Trust manager (Trustee) and benefit from the Trust (beneficiary). You may ask ‘isn’t this a conflict of interest?’ Maybe yes and maybe no. Anytime one person is acting as both […]

Can the Trustee Evict Me

If you are an occupant of a property owned by a trust, here is what you should know. The trustee is the legal owner of the trust property and may have the right to evict you, even if you are beneficiary. The first thing you should do is ask the trustee for a copy of […]

Mistreated Beneficiary

Are you entitled to an inheritance under a trust, but the person in charge is mistreating you? Here are some of the ways trustees mistreat beneficiaries: Refusing to provide information Unreasonably withholding distributions Ignoring communication with the beneficiaries Exercising favoritism Misappropriating trust assets Failing to comply with trust terms Self-dealing or stealing trust assets Living […]

Give Me Information

You Think you are Entitled to an Inheritance Under a Trust, but the Person in Charge Wont Hand it Over. Receiving an inheritance should be easy… right? If you have a good trustee, yes. If you have a bad trustee, obtaining your inheritance may involve some work. The first step is to ask the trustee […]