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Benificiary's Rights to Property Held in Trust

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weniki76

Junior Member
California State Law
Is there a section in the California State Law that states what rights the benifciary have regarding access to property held in Trust?
The Trustee is going to sell the property held in trust and does not want the beneficiary to interfere. Do the beneficiary's have a right to enter the property or do they need permission from the Trustee. CaliforniaWhat is the name of your state (only U.S. law)?
 


weniki76

Junior Member
The Property is in the name of the trust. My mother is the Successor Trustee.
Now that my Grandmother (It was her living Trust) has passed away, my mother is going to sell the house because it is costing to much to maintain. Because the real estate market is so bad, her brother and sister who are beneficiaries along with my mother,(who is the Trustee), do not want her to sell the house,but are unwilling to help her. They have become very nasty about the whole thing, and we want them to stay away.
 

Dandy Don

Senior Member
She has the power as trustee to make whatever decision she wants--they should be glad she is selling because if it sells she will split the profits with them.
 

tecate

Member
I don't agree with the notion that the trustee can do whatever she wants. She is subject to a fiduciary duty to act as a prudent person would. And if the other beneficiaries don't like what she has done, they can sue.

Your mother might look into a notice of proposed action under Probate Code Section 16500 if she feels that the others will object. She may need to get court authorization to sell if they do.
 

TrustUser

Senior Member
good point tecate,

the trustee needs to follow the instructions of the trust.

in my trust document, i give the beneficiaries the final say-so. but that is my trust document.

so a beneficiary needs to know what his trust document says.
 

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