The trustee of a trust has a fiduciary duty to act in the best interests of the estate and beneficiaries. As a result, the trust cannot intentionally harm the estate or the beneficiaries. Clearly, if the trustee is stealing from the estate, he or she is breaching fiduciary duty.
Articles about Court Involvement
First, never take “no” for an answer. If you are a trust beneficiary then your common sense tells you that you are entitled to get a copy of the trust. You are right.
In situations where co-trustees of a trust are unable to get along during the trust administration process, the San Diego probate court can intervene and remove one or both of the trustees. Contact our office today for a free consultation.
If a trust dictates the amount of trustee compensation, that amount generally is what is used. In some cases, you may be entitled to more, however.
The law for California will contests, probate litigation, and trust litigation is mostly found in the California Probate Code.
Generally, from a beneficiary’s perspective, the difference between trust litigation and financial elder abuse litigation is when the money or property was wrongfully taken.
If a trustee has mismanaged assets or property, which caused a significant loss of value, the first thing you want to do is determine how the estate was mismanaged.
Generally, if you were the beneficiary named in a California trust, you have the right to see a copy of the trust instrument, provided that your rights have vested. If your rights as a beneficiary have vested, you can request a copy of the trust instrument directly from the trustee.