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Whether or not the trustee can withhold funds from you depends on the terms of the trust itself. If the trust requires withholding distributions under certain circumstances, such as the beneficiary reaching a specific age, the trustee must follow those stipulations.
And although a beneficiary generally has very little control over the trust's management, they are entitled to receive what the trust allocates to them. In general, a trustee has extensive powers when it comes to overseeing the trust.
By stealing from a trust or otherwise breaching fiduciary duty, a trustee keeps beneficiaries from obtaining the assets or funds that they're entitled to. In such cases, a trustee could face civil and criminal charges.
Here are some things to consider when drafting a letter to your executor or trustee. Your thoughts about wealth. ... Describe key players in the family. ... What matters to you? ... Give your trustee the power to make decisions, even when that means saying no.
Technically, trusts do not need to be in writing, but execution of a trust is almost impossible unless it is in writing. In the declaration, the grantor transfers legal ownership of the property to be placed in trust to the trustee and names the beneficiary. The grantor must be legally competent to make the trust.
The grantor can opt to have the beneficiaries receive trust property directly without any restrictions. The trustee can write the beneficiary a check, give them cash, and transfer real estate by drawing up a new deed or selling the house and giving them the proceeds.
The Trust terms, along with the California Probate Code, set the rules for trust accountings. If a Trustee refuses to provide financial information for an unreasonable amount of time, the Trust beneficiaries may want to consult with an attorney about demanding an informal or formal (court-ordered) Trust accounting.
As previously mentioned, trustees generally cannot withhold money from a beneficiary for no reason or indefinitely. Similarly, trustees cannot withdraw money from a trust to benefit themselves, even if the trustee is also a beneficiary.