Can a trustee ofa living trust tell the beneficiaries that they can’t go to the deceased’s property?

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Can a trustee ofa living trust tell the beneficiaries that they can’t go to the deceased’s property?

Asked on February 11, 2011 under Estate Planning, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, they probably can depending on the situation.  I am assuming that the trustee is a successor trustee, correct? Once the trustee - or the decedent here - has passes away, the trustee that has been appointed in his or her place has the power todispose of the assets of the trust according to the decedent's wishes, or manage the trust assets.  If in managing the assets he or she has to safeguard the property or feels that restricting assets come under his or her management duties for he time being then the beneficiaries may be out of luck.  But, if he or she is going against the trust wishes then no.  Good luck.


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