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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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1 THE TRUSTEE BELEIVES THAT THE MOTHER OF THE BENIFICIARY

Customer Question

1 THE TRUSTEE BELEIVES THAT THE MOTHER OF THE BENIFICIARY WOULD NEVER HAVE APPROVED OF THE SON BENIFICIARY CROSS DRESSING AS HE OFTEN DOES. AND BUYING FEMALE CLOTHS WITH ESTATE CLOTHING MONEY. THE TRUSTEE HAS EXSPRESSLY TOLD THE BENIFICIARY THAT HE CAN ONLY USE THE ESTATE CLOTHING MONEY FOR MALE CLOTHS IS THIS LEGAL CAN HE REALLY DO THIS SOUNDS LIKE GENDER DISCRIMINATION TO ME.
(SORRY IF THERE ARE ANY MISSPELLINGS THE SPELL CHECKER SAY IT IS ALRIGHT)
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

The trustee cannot impose new restrictions or terms on the beneficiary that do not exist in the trust.

(The trustee's belief of what the testator would have thought is irrelevant).

If the trustee continues to ignore the terms of the trust and refuses to execute the duties of the trust (make distributions to beneficiaries as required under the terms of the document), the beneficiary can file a claim against the trustee for "breach of fiduciary duty" and not only get a proper distribution from the trust, but the trustee can be held personally liable for intentional withholding from the trust.