Who has more rights, a Trustee or the Beneficiary?
Consider the pros and cons of each party when deciding who has greater rights: a trustee or a beneficiary.
The Trustee will be responsible for administering the Trust. The Trustee may also be a beneficiary. They have the right to protect assets and have a fiduciary obligation to distribute them. If they fail to fulfill their fiduciary duties, it can result in the Trust being challenged.
How can a Trustee remove a beneficiary from a Trust?
Is it possible for a trustee to remove a beneficiary from a trust without the beneficiary’s consent? This question can be answered in a few ways. This authority is not explicitly granted to trustees by the California Probate Code. The trust instrument might give the Trustee the power to reduce or remove their inheritance if they contest the Trust.
Let’s review the “rights” of a Trustee and then the “rights” of Beneficiaries. You can also lose your rights if you act illegitimately.
Trust Beneficiary Right
The beneficiary rights of a Trustee Beneficiary Relation are:
- The Trustee must give a copy to the beneficiary of the Trust. It is one of Trust Beneficiaries’ legal rights. Probate code 16065.1
- When there is a Trustee change, the Trustee must inform all beneficiaries and heirs.
- The Trustee must keep beneficiaries of the Trust informed about the Trust and its administration. Probate code 166060
- The Trustee must notify beneficiaries within 60 days of “knowledge” of the Trustee’s death.
- To identify and record the identity of settlors of the Trust and the date of execution.
- Each Trustee must give their name, address, and telephone number.
- The Trustee will provide additional information as required by the Trust terms.
- Beneficiaries can petition the courts for the removal of the Trustee if they believe they are self-dealing, lacking transparency, or have bookkeeping problems.
What rights does a trust beneficiary have to sue his Trustee? You can pursue your beneficiary rights to keep the Trustee honest in all of their actions.
Contact a Hess Verdon attorney for more information about the above probate code and other accounts for Beneficiaries. Call: 1-888-318-4430
Rights of Trust Beneficiaries
You have rights as a beneficiary! You can lose your rights as a beneficiary. How? You can review the probate code 16061.8 to see how. It states that you may file an action against the Trust after notice has been served. This is either within 120 days of the date the Trustee notifies you or within 60 days of the date you, the beneficiary, received a copy.
It boils down to the Trust Act and fulfilling their fiduciary obligations when it comes to Trustees’ rights. A Trustee’s objective is to keep the irrevocable Trust out of litigation. Transparency is the key to maintaining a Trustee out of court. Transparency is key to avoiding litigation. Keep beneficiaries and heirs up-to-date and be aware of the pitfalls involved in Trustee actions.
With that being said, the Trustee of an estate has rights granted by the courts to perform the following. This is not an exhaustive list.
- A Trustee is authorized to represent an estate for legal purposes. The Trustee may hire an estate attorney and petition courts.
- Trust is authorized to manage the estate’s affairs and expenses: A Trustee may receive payment for any work done to collect debts and costs, appraises, and other Trust administration duties.
- A Trustee can contact government institutions Information such as an Employee ID Number for the estate can be obtained from the IRS by Trustees.
- The Trustee is authorized to issue notifications for the Trust: Any records, statements, or tax returns can be prepared by the Trustee.
- A Trustee is allowed to invest Trust assets. The Trustees have the power to ensure that assets are productive and preservable for future beneficiaries.
- A Trustee can be considered the legal owner of all assets.
It’s a responsibility that Trustees have. Unfortunately, they are often questioned by Beneficiaries. The irrevocable Trust Beneficiary Rights dominate Trust Administration.
Meet The Team
Trust and Estate Planning
Our managing partners have practiced law for over 30+ years. We have deep court experience, and after 3000+ clients throughout our tenure, you will receive in-depth knowledge in trust & estates, business, and real estate matters.
Request a no-obligation case review today. Feel free to call, and our helpful staff will set you up with one of our specialized attorneys.
Revocable Trust | Irrevocable Trust
- Charitable Remainder Trust (CRT)
- Grantor Retained Annuity Trust (GRAT)
- Qualified Personal Residence Trust (QTIP)
- Legacy Trusts
- Learn more on estate planning.
With over 30+ years of law, 3000+ clients throughout our tenure,
you can receive in-depth legal counsel today.
California Trust & Probate Litigation Lawyers
Are you looking for an estate litigation attorney in your area? When it comes to the practice of Trust and estates, it can be difficult finding an attorney that’s experienced in handling your specific issues. Siblings contesting the trust?
- Can a Trustee sue on behalf of the trust
- Can a Trustee be held personally liable
- Can a Trustee remove a Beneficiary from a trust
- Settling a Trust After Death
- Being a Trustee of a Trust
NEED A SECOND OPINION?
Hess-Verdon is ready to help you today.