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Trust Beneficiary Rights Attorney in California

A trust beneficiary has beneficiary legal rights as per Probate code 16065.1. It is highly recommended to secure legal counsel to stay compliant and reasonable should you need to petition an action with the courts.

Are you a beneficiary at a crossroads and unsure what to do? Is the trustee keeping you up-to-date?

If you have any questions, it’s essential to contact a trust beneficiary rights attorney. In today’s litigious environment, staying “reasonable” throughout the trust administration process bodes well for any case.

Hess-Verdon & Associates offers a 2nd opinion case review for trustees and beneficiaries struggling with their legal rights.

Now, let’s go over your beneficiary rights and how a Hess-Verdon trust attorney can help guide you through a myriad of steps. Your beneficiary rights allow you to ensure no misappropriation of trust funds, including stealing, embezzlement, etc.

Hess-Verdon &Amp; Associates

BENEFICIARY LAWYER

How to select the right beneficiary trust and will attorney

As a beneficiary, you have concerns straight away and thus looking for a beneficiary lawyer. Why? It is not too often that one becomes a beneficiary of a grantor’s estate. Most likely you are here because you have concerns regarding the handling of the estate and how the trustor or executor is keeping transparent and living up to their fiduciary duties.

If you are ready to contest the will or contest the trust, read on. There are timetables you must react to or you can lose certain legal rights.

A Beneficiary Has the Right to Trustee Information

For transparency, beneficiaries have the right to the name, address, and telephone of each trustee of the trust.

A Beneficiary Has the Right to See the Trust and Any Written Amendments

As a beneficiary, the trustee should provide a copy of the trust to the beneficiary. This is one of the legal rights of the Trust Beneficiaries. Probate code 16065.1. Once you receive the trust document, you have 120 days from the trustee notification date to bring legal action contesting the terms of the trust.

Right to Communication

The trustee should keep the beneficiaries of the trust reasonably informed of the trust and its administration—probate code 166060.

Reviewing probate code 16061.7, it states that once notice is served, you may bring an action to contest the trust within 120 days from the date of notification by the trustee or 60 days from the time the beneficiary receives a copy of the terms of the trust.

Here is the exact excerpt: “You may not bring an action to contest the trust more than 120 days from the date this notification by the trustee is served upon you, or 60 days from the date on which a copy of the terms of the trust is delivered to you during that 120-day period, whichever is later.”

Right to Accounting (Probate code 16063)

Beneficiaries have the right to petition the courts to remove the trustee if they believe they have been self-dealing, lack of transparency, bookkeeping issues, etc.

The trustee should furnish a statement of receipts and disbursements of principal and income that have occurred during the last complete fiscal year of the trust.

Right to Petition a Court to Remove a Trustee or terminate a trust (Probate code 15642)

A trustee should put the rights of the beneficiary above their own. If not, a trustee may be removed in accordance with the trust instrument. Some of the reasons to remove a trustee are the following:

  • Where the trustee has committed a breach of the trust
  • Where the trustee is insolvent or otherwise unfit to administer the trust.
  • Where the trustee and co-trustee cannot get along and impairs the administration of the trust.
  • Where the trustee fails or declines to act.
  • Where the compensation to the trustee is excessive under the circumstance.

Right to Trustee changes

The trustee has 60 days to notify Beneficiaries on “knowledge of the death” of the Trustor to identify the identity of the settlor(s) of the trust and the date of execution of the Trust instrument.

Choosing the Right Law Firm is Paramount

Are you at a crossroads and in need of an experienced attorney to review your situation?

If so, read on.

No matter who you are, whether a Trustee, Beneficiary, Business entity, real estate business partners, and so on, requires experienced representation. It requires an experienced and knowledgeable law firm to ensure your rights are protected during each step of any dispute process.

It’s imperative to be patient and steadfast in selecting experienced and professional counsel.

The last thing one needs is to lose focus on day-to-day matters.

What Should I Consider in Achieving Good Counsel?

You need comprehensive, results-driven legal counsel to drive this issue to an amicable negotiation. And if you desire mediation or arbitration, whichever benefits your situation, our firm has been representing business owners and family businesses for over 30+ years.

With that said, if there is no alternative, then protect your rights through the legal system!

Why Choose Us?

What Does the Hess-Verdon Law Firm Strive for?

To Protect Your Legal Rights! For over 30+ years, our experience in estate planning, business, and commercial litigation allows us to gear up more quickly and handle your case more efficiently. You receive answers to substantive law questions and recommendations for settlement or litigation strategy sooner and with less research time.

Our firm can make a difference in your case!

We efficiently and economically work to secure a results-driven outcome!

Hess-Verdon & Associates is one of the most reliable and most sophisticated law firms — experienced in the state of California at both the trial and appellate levels. Our law firm has spent years acquiring extensive experience in trial preparation, strategy, and trial presentation to help you with your specific case.

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