The information on this website is for general information purposes only. You are entitled to an accounting of the trust and the . if you pay yourself compensation, be prepared to justify what you've charged and what services you provided to the trust. Is the trustee of your trust not properly investing, inefficiently administering the assets, or blatantly stealing from the trust. When a trustee is making suspicious or inappropriate gifts from the trust. We will also provide you with a simplified way of suing for damages through DoNotPay. , beneficiaries can utilize the courts to try to compel the trustee to meet the requirements of their role. Regardless of whether the trustees actions were intentional or unintentional, trust beneficiaries have the right to bring a claim to protect their living trust beneficiary rights and the trust. A fiduciary duty is an obligation of the trustee to manage assets competently, honestly, and with integrity. The attorney who's helping you in your role as trustee can also be at that first meeting (for more about whether you should hire an attorney, see The Trustee's Job: The First Six Months). If so, you may demand information from the trustee by following these steps: Demand relevant information from the trust including financial statements, escrow closing statements, property management reports, and more. If trustees fail to diligently fulfill their responsibilities to. How Do You Sue a Trustee of a Trust? The trustee had a conflict of interest that ended up benefiting someone other than the, (e.g., trustee sold trust property to a friend for less than market value without first obtaining approval from, The trustee acted impartially, favoring certain, over others (e.g., trustee provided preliminary distribution to one. As far as the situation with your brother, as trustee, he owes the beneficiaries of the trust a "fiduciary obligation" to act in good faith and for their benefit while complying with the terms of the trust. The trusts creator is sometimes called a, First and foremost, the trustee has a duty of loyalty. How Trustees Protect Themselves from Lawsuits | Albertson & Davidson We recommend finding an experienced trust litigation attorney familiar with the county probate court in the county where the trust is being administered. In most states, if beneficiaries consent in writing to a proposed activity, they can't later sue you if the decision turns out to have been a mistake. All Rights Reserved. Trustee and daughters have been going through all of the grantor's personal property and taking what they want and discarding the rest. Of course if the trust or trustee has been sued, or may be sued, you should certainly get an attorney to assist. Unfortunately, some California trustees and executors abuse their powers and try to steal from innocent beneficiaries. Trustee: What's the Difference? But also because trustees so often fail to keep full and accurate records, or simply fail to perform their administrative duties in an effective manner.
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