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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 37085
Experience:  Texas lawyer for 30 years in Estate law
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What rights does a life estate tenant (Califonia) have if

Customer Question

what rights does a life estate tenant (Califonia) have if the trust document does not specify conditions? the life estate document was an amendment to the trust and granted quickly without documenting the details.
Submitted: 9 months ago.
Category: Estate Law
Expert:  RayAnswers replied 9 months ago.

Hi and welcome to JA. Ray here to help you tonight.You have the right here by law to copies of all the trust documents and amendments. You can seek through the court a court ordered accounting and the trustee can be removed for failure to communicate and provide you the trust documents and for breaching their fiduciary duties to you. As life beneficiary you do have these rights here and can enforce them through Superior Court here in California if necessary.

Expert:  RayAnswers replied 9 months ago.

Unless the trust is revocable by someone else (like a revocable living trust while the settlor is still alive), the beneficiary has the following rights, in addition to any rights listed in the trust:

  • The right to receive notice of the existence of the trust.
  • The right to receive a copy of the trust.
  • The right to receive trust accountings and information about the beneficiary's interests in the trust.
  • The right to enforce the terms of the trust and to hold the trustee accountable for any wrongful acts or omissions that affect that beneficiary's interests.

Unless the trust is revocable by someone else (like a revocable living trust while the settlor is still alive), the beneficiary has the following rights, in addition to any rights listed in the trust:

  • The right to receive notice of the existence of the trust.
  • The right to receive a copy of the trust.
  • The right to receive trust accountings and information about the beneficiary's interests in the trust.
  • The right to enforce the terms of the trust and to hold the trustee accountable for any wrongful acts or omissions that affect that beneficiary's interests.
Expert:  RayAnswers replied 9 months ago.

More on your rights and duties of trustee..

http://davidtate.us/files/A_Summary_of_Trustee_Responsibilities_Beneficiary_Rights_and_Elder_Law_California_Dave_Tate_CPA_Esq.pdf

You may want to consider your own lawyer and taking this to court to seek court ordered accounting and removal of trustee.

I appreciate the chance to help you tonight.I wish you the best here.You do have rights here as a life beneficiary.

Expert:  RayAnswers replied 9 months ago.

California Probate Code Section 16061.7 requires a trustee to

send notice to trust beneficiaries when a revocable trust becomes irrevocable due to the settlor’s death as provided by specific trust

terms, or when a new trustee has taken over. This notice must be sent within 60 days after the

settlor’s death or at the time a new trustee takes charge. The notice must include information

regarding how a beneficiary may contact the trustee to obtain a copy of the trust. A trustee who

fails to serve notice is responsible for all damages, attorney’s fees and costs caused by

such failure unless it can be shown that the trustee has made a diligent effort to comply with the requirement.

Expert:  RayAnswers replied 9 months ago.

A trustee has a legal duty to keep beneficiaries of a trust informed of the trust and its

administration (California Probate Code section 16060). This means a trustee must be responsive to

requests for information, as long as the requests are reasonable and not overly burdensome.

Expert:  RayAnswers replied 9 months ago.

A trustee is required to provide to each beneficiary at least an annual

accounting listing all the trust’s assets and liabilities,its receipts and disbursements and

the actions of the trustee (California Probate Code section 16062.

As you can see you do have many rights here under the law here in California.

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