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By: Scott Grossman on June 18th, 2018

I am not a Vested Beneficiary, can I pursue action against the trustee?

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. The answer to whether you have to be a vested beneficiary requires the experience and knowledge of a trust litigation attorney. Your trust litigation attorney’s first step will be to review the terms of the trust. He or she will then carefully consider the facts and circumstances surrounding your matter.

Generally, the attorney will analyze several factors, including the following:

  1. Is your right to receive trust property dependent on someone else not being able to receive it, the occurrence of a certain event, or the passage of a certain amount of time?
  2. Furthermore, is the trust irrevocable, or can it be revoked?
  3. Additionally, is the trust amendable?
  4. Also, is the grantor of the trust living?
  5. Has a trigger event happened, such as the death of the grantor?
  6. Furthermore, are you presently receiving income, principal, or some other benefit from the trust?
  7. Finally, what is the nature of the action you are pursuing against the trustee?

While the answers to questions surrounding trust litigation issues may not always be clear, an experienced California trust litigation attorney can provide proper guidance.

  • Litigation (noun): 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.
  • Vested Beneficiary (noun): 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.

If you are ready to start your case, then please give us a call or fill out our Get Help Now form. A comprehensive overview of California Probate is available here. Should you have additional questions about trust litigation, you will find plenty of useful information in our Learning Center.