Best Probate Attorneys in Irvine, CA

The primary reason people create a trust is to make sure their loved ones are taken care of once they pass away. A trust is a private document, so your personal information is not made public, and you can make sure your property is distributed according to your wishes.

A trustee is obligated pursuant to the California Probate Code to deliver a copy of the trust to certain individuals. If you are a beneficiary of a trust, and the trustee will not provide a copy to you, you may be able to seek a court order instructing the trustee to deliver the trust to you.

If a trustee is sued by a beneficiary, the first step is to ensure you file a timely response to the lawsuit. To ensure no deadlines are missed, contact an attorney to review your specific legal concerns.

Except for very rare circumstances where perhaps the trust document itself waives the accounting, the short answer is yes. Yes, a trustee in most cases must account to the beneficiaries.

Being a trustee is a difficult and time-consuming position. Many people have never acted in such a role before then suddenly find themselves answering questions of often impatient beneficiaries. While trustees do have very serious obligations and duties to the beneficiaries, they also have rights in place to protect them as well. Trust documents are very specific and set out the guidelines of what the trustee can and cannot do. Trustees are entitled to invest and use trust assets at their discretion (as provided for in the trust); are entitled to hire accountants and attorneys to help them navigate their new role; and have great discretion in the administration process. If you are a trustee, it is important to consult an attorney to determine the parameters of your rights and responsibilities.