Blog Posts About Trustee Duty

Bad Trustees can make your life a nightmare. When you are the beneficiary of a Trust, you really want a competent Trustee. They don’t have to be the best necessarily, but they do need to be competent, at least. The problem is that parents, the people who create Trusts, often…

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…

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…

You know what needs to be done. A house needs to be sold, a stock portfolio needs to be split and distributed to the named beneficiaries, and a cash account needs to be divided, too. Properly handling a Trust administration is not rocket science. But it does take someone reasonably…

Ridding yourself of a bad Trustee is no easy task. But there are a few ways you can use to help increase your chances of removing a Trustee. It all starts with documenting your efforts to work reasonably with him or her. Duties of a Trustee Probate Code section 16060…

There are many examples of bad Trustees either failing or refusing to keep the Trust beneficiaries reasonably informed. Under Probate Code section 16060, the Trustee has a duty to keep the beneficiaries reasonably informed of the Trust and its administration. Further, under section 16060.7, the Trustee has a duty to…

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…

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…

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…

There are times when a trustee is approached by one of the trust beneficiaries and the trust beneficiary says, “Hey, I really like the cabin in Big Bear. I’d like to buy the cabin in Big Bear.  Can you sell it to me?” And the trustee’s response should be, “It…