You’re entitled to a distribution and you should receive it within a reasonable time. Typically, trust beneficiaries expect to receive their inheritance in a year or less, depending on the complexities of the estate. What happens when your Trustee won’t follow the terms of the Trust? Why aren’t they following the law? What options do […]
Category: Trustee Duty
Are you having a hard time receiving your inheritance? You are a named beneficiary of a trust and you are entitled to an inheritance. You should just be handed your share of the money… right? Yet a year has passed, maybe several… and you still have not received your inheritance. Why is it so hard […]
Sometimes Trustees refuse to provide beneficiaries with financial information. We can help. Before you demand a formal accounting in court, you may want to try requesting an accounting informally. You can use our ACCOUNTING DEMAND TEMPLATE and view the video instructions below. If you send an accounting demand letter and the Trustee still refuses to […]
Yes and no. Pre-death accountings refer to an accounting for the period before your parent died. If there was a Trustee other than your parent, you may be able to obtain an accounting of their activity prior to a parent’s death. But getting a pre-death accounting is not absolute. The problem is that while your […]
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 […]
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 choose the wrong person to […]
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 […]
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 […]
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 responsible to complete the task […]
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 requires a Trustee to keep […]