Beneficiary of a trust

[Matt212]

If you are not a beneficiary of a trust, can you legally act as if you are? For example, if you are not a beneficiary can you petition the probate court for removal of the designated trustee? Or can request accounting information etc.? Basically what I am trying to find out is if you can get in trouble for acting like you are a beneficiary when you really aren't?

 

[Just Blue]

If you are not a beneficiary of a trust, can you legally act as if you are? For example, if you are not a beneficiary can you petition the probate court for removal of the designated trustee? Or can request accounting information etc.? Basically what I am trying to find out is if you can get in trouble for acting like you are a beneficiary when you really aren't?

What state?

 

[FlyingRon]

Define "getting in trouble." Almost certainly, their standing to bring such action would be challenged and if true, the action will be dismissed out of hand. You also run the risk of a claim of malicious prosecution being leveled against you, as you have no reasonable belief that you have grounds for such action/.

 

[Matt212]

What state?

Michigan

 

[Matt212]

Define "getting in trouble." Almost certainly, their standing to bring such action would be challenged and if true, the action will be dismissed out of hand. You also run the risk of a claim of malicious prosecution being leveled against you, as you have no reasonable belief that you have grounds for such action/.

I just mean is it against the law and or can you get in trouble for it. I am a beneficiary in the trust I am talking about. There is a family member that isn’t. And they are the one who is acting as if they are a beneficiary.

 

[FlyingRon]

Is it a crime? Probably not as long as he doesn't make an intentionally false statement. Can he be sued over it, if his intent is malicious? Quite possibly.

 

[Dandy Don]

If you are not a beneficiary, you can not petition the court for removal of the trustee.

The trustee is required to notify beneficiaries within 63 days of accepting the trustee responsibility. If the trustee knows your address and if you are a beneficiary, you will be notified.

If you know who the trustee is, send a certified letter to the trustee in which you ask for a copy of the trust. If you are not entitled to that, the trustee will either let you know that or will not respond. If you are a beneficiary, you also have the right to request an accounting.

 

[LdiJ]

I just mean is it against the law and or can you get in trouble for it. I am a beneficiary in the trust I am talking about. There is a family member that isn’t. And they are the one who is acting as if they are a beneficiary.

Do they know that they are not a beneficiary? Are they the parent or guardian of a minor child who is a beneficiary?