What Are The Rights Of Trust Beneficiaries?

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If you are the beneficiary of a trust, you are on the right path if you’re asking: What rights does a trust beneficiary have against a trustee?

One of the biggest mistakes you can make as the beneficiary of a trust is to not play an active role in administration. Many trust beneficiaries falsely believe they will receive the exact inheritance they were left without having to do anything, but a lot can go wrong between the time the grantor dies and the trustee makes distributions to trust beneficiaries. This is why it’s important for trust beneficiaries to learn their rights and enforce them at every stage of administration. By doing so, trust beneficiaries can rest assured that they will ultimately be provided their rightful inheritances.

Unlike estate administration, trust administration is not supervised by the court. This is why it is so essential for beneficiaries of a trust to keep tabs on the trustee and their activities. Trustees have a fiduciary duty to act in the trust beneficiaries' best interests at all times, but because of the power they have, there is always potential for misconduct. It is important for trust beneficiaries to familiarize themselves with the ways trustees often breach their fiduciary duties, because if a breach is committed, they will need to take steps to enforce their living trust beneficiary rights.

If you are the beneficiary of a trust and suspect the trustee of misconduct, mismanagement, or negligence, you are probably wondering: Can a beneficiary sue a trustee? The answer is yes; suing the trustee if they have failed to competently do their job, have breached their fiduciary duties, or have caused harm to the trust through misconduct or negligence is one of your most important rights as a trust beneficiary.

If trust beneficiaries wish to hold the trustee accountable, the first step is for them to learn their rights. While the right to petition the court to have the trustee removed is important, especially in instances where the trustee has financially harmed the trust, there are other trust beneficiary rights that can be exercised before resorting to an extreme measure like removal.

In this video, Partner Lindsey Munyer goes over what these trust beneficiary rights are as well as what to do if the trustee is in violation of them.

0:00 Introduction
0:16 Trust Beneficiaries Have a Right to Information About The Trust
0:43 Trust Beneficiaries Have a Right to a Periodic Trust Accounting
1:30 Trust Beneficiaries Have a Right to be Treated Impartially by The Trustee
1:54 Trust Beneficiaries Have a Right to Receive Timely Distributions from The Trust
2:36 Trust Beneficiaries Have a Right to Sue The Trustee
2:30 Closing and Contact