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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?

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Attorney answers 3


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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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.


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.

When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel.

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