If I’m not the excutor of my fathers living Trust what, if any are my rights?

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If I’m not the excutor of my fathers living Trust what, if any are my rights?

Asked on October 29, 2012 under Estate Planning, California

Answers:

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

Answered 8 years ago | Contributor

A Living Trust is an arrangement under which one person, called a trustee not executor, holds legal title to property for another person, called a beneficiary (that would be your Father).  It is simply a trust you create while you're alive, rather than one that is created at your death under the terms of your will. The main advantage of making a living trust is to spare your family the expense and delay of probate court proceedings after your death but you still need a Will as a back up for those assets not included in the trust.  Otherwise they will pass through intestacy. Your rights are governed by the terms of the trust and the Will.  Your brother has a fiduciary duty to maintain the trust assets and abide by the trust terms.  It would be best for you to take the document to an attorney to review.  Good luck. 


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