Ask the Court for Help With Trust Provision Questions
In general, the court is not going to get involved with a trust administration. There are exceptions to this rule, however. When a beneficiary petitions the court for involvement, supervision may follow. It is important for beneficiaries to be aware of their rights and act quickly if there is any question as to how a trust is being administered.
Six Questions for the Court During a Trust Administration
While there are various situations where a court may get involved with a trust administration, the following are five examples where the court may be asked to interpret a trust provision:
- First of all, questions about the construction of the trust.
- Additionally, questions about the trustee’s power, duties, and rights.
- Furthermore,questions about the validity of a provision.
- Also, questions about who the beneficiaries of the trust are.
- Lastly, questions about how the assets are to be distributed when the trust terminates.
If the trustee is being cooperative, this may not lead to litigation between the beneficiary and the trustee. In some cases, it is merely a matter of a difference of opinion that can be settled by involving the Superior Court of San Diego or another court that has jurisdiction over the trust. In other cases, however, you may need to take more aggressive action. Our article, “Dealing with a Trustee Who Will Not Comply With Trust Terms in Six Steps,” provides a helpful guide as to what you can do to protect yourself.
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Reasons for Court Involvement During a Trust Administration
Court Involvement for Breach of Trust
A person who benefits from a trust, will, or life insurance policy. This includes heir, heiress, inheritor, legatee; recipient, receiver, payee, donee, assignee; devisee, grantee.
Litigation is the act or process of bringing a lawsuit to enforce a particular right. This can include Will contests, Trust Litigations, and Probate Litigation.