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.
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Modifying an irrevocable trust is not a simple procedure. If changing trust terms were easy, it would increase the potential for the intent of the creator of a trust to be overlooked. California probate laws, however, do outline limited circumstances under which a trust can be changed or terminated.
I suspect that the trustee of a California trust is engaged in wrongdoing-More about requesting a bond
If you have reason to suspect that the trustee of a trust in San Diego is engaged in wrongdoing and you have an interest in the trust property, requesting a bond can provide some protection. A beneficiary can petition the Court to order the Trustee produce a bond. The bond serves as a safeguard. If the trustee engages in wrongdoing, the bonding company will pay the costs.
If a disabled person is about to receive a substantial inheritance, these assets can be lost if proper action is not taken. Receiving financial inheritances can result in a disabled person’s disqualification from receiving certain benefits, such as social security or Medi-Cal.
What steps should I take if I suspect a breach of fiduciary duty in probate while the settlor of the trust was still alive?
With the recent decision of the California Supreme Court in the case involving the Estate of Giraldin, beneficiaries now have even greater rights against trustees.
If you are the beneficiary of a trust in California and suspect that the trustee has engaged in wrongdoing, you may decide to pursue legal action.
Under the laws governing wills and trusts in California, a beneficiary may be disqualified from receiving an inheritance in certain circumstances. For this reason, other beneficiaries or the executor or trustee of an estate or trust may bring forward a San Diego probate litigation matter.
In some circumstances, you may need to be a vested beneficiary in order to bring an action against the trustee of a trust in California. Whether you can bring such an action depends on the facts and circumstances surrounding your matter, the terms of the trust, the nature of your claim, and the laws of the state of California.