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Does a Trustee for the benficiary of an estate have all controls of how the benficiary is allowed to allocate funds?

Carlsbad, CA |

The trustee is telling the beneficiary that he will have to move quickly so the home can be sold and she will not allow the beneficiary to buy a home as he would like. A copy of the turst is also being denied and it is my understanding he has a legal right to a copy. Are there any options as to how to get a copy ourselves without the trustee or the trustee attorney?

Attorney Answers 3

Posted

The beneficiary needs to consult and perhaps retain an attorney. Usually, there is no way to obtain a copy of the declaration of trust unless the trustee provides it to you. If the trustee is not fulfilling his duties, i.e., refuses to provide a beneficiary with a copy of the declaration of trust, the beneficiary can petition the probate court to order the trustee to provide a copy and to remove the trustee for failing in the trustee's duties.

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Posted

You are entitled to a copy of the trust and a accounting of the assets.
If you are unable to attain these items-hire an attorney to obtain and advise you of your rights.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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Posted

The trust beneficiary should have access to the trust itself. If the trustee is refusing to provide a copy, you'll need to consult with a local attorney to protect your rights. You may have to petition to the court to compel the trustee to provide a copy. At that time, the attorney can advise you of any other issues.

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