Can a trustee refuse to pay beneficiary

If a trust states that it is the grantors desire to have the beneficiary continue to live
in his accustomed standard , can the trustee change that to include at retirement
age ?

Asked on December 15, 2017 under Estate Planning, Washington

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The trustee cannot alter the provisions of the Trust.  The trustee must comply with the provisions of the Trust.
The Trustee altering the provisions of the Trust constitutes a breach of the trustee's fiduciary duty.  If the Trust includes procedures for removal of the trustee and designates a successor trustee, those provisions of the Trust should be followed.
If the Trust is silent as to removal of the trustee and appointment of a successor, then the beneficiary should sue the trustee for breach of fiduciary duty and petition the court for appointment of a successor trustee.


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