What is a beneficiary’s right to review a Trust?

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What is a beneficiary’s right to review a Trust?

My mother died earlier this year. My sister is the trustee of my mother’s Trust, which has a total of around $50,000 in it. My sister/trustee states that because of my mother’s generosity in the past, that I’m not eligible for any money after taxes. I’ve never seen the Trust, been read the Trust and was not notified of my grave service. Needless to say my sister and I have a strained relationship.

Asked on September 21, 2013 under Estate Planning, California

Answers:

Nathan Wagner / Law Office of Nathan Wagner

Answered 8 years ago | Contributor

Because you are a beneficiary of the trust, you have a right to see the terms of the trust and to be given an accounting of the trust assets. If the trustee does not let you see the trust, you can ask a court to order her to provide you with the terms of the trust and an accounting.

I am not sure what your sister means by your "mother's generosity in the past," but she should be sure to use her accounting to explain exactly what she means. If she is improperly withholding funds from a beneficiary, you can ask the court to replace her with a trustee who will carry out your mother's wishes for the trust.

 

Nathan Wagner / Law Office of Nathan Wagner

Answered 8 years ago | Contributor

Because you are a beneficiary of the trust, you have a right to see the terms of the trust and to be given an accounting of the trust assets. If the trustee does not let you see the trust, you can ask a court to order her to provide you with the terms of the trust and an accounting.

I am not sure what your sister means by your "mother's generosity in the past," but she should be sure to use her accounting to explain exactly what she means. If she is improperly withholding funds from a beneficiary, you can ask the court to replace her with a trustee who will carry out your mother's wishes for the trust.

 


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