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If I'm a beneficiary on a living trust does the trustee have…

If I'm a beneficiary...

If I'm a beneficiary on a living trust does the trustee have the right to quit claim a real property to the trustee name only? As a beneficiary should the deed to the house be name under all beneficiaries?

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Has anything been filed or reported?

A quit claim on property has been filed.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

As a beneficiary what are my rights and where can I get assistance?

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Answered in 6 minutes by:
9/20/2017
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 42,557
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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You may also be offered a phone call, but those don’t come from me and are offered by JustAnswer. If you have requested a phone call with an attorney, your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions.

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does the trustee have the right to quit claim a real property to the trustee name only? As a beneficiary should the deed to the house be name under all beneficiaries?

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The trust owns the real property, not the beneficiaries, so yes the property should be transferred into the trust by deeding it over to the trust in the trustee's name. So for example, "The XYZ Revocable Living Trust, ***** *****, Trustee" would be appropriate.

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The beneficiaries only get the property once the trust ends and the trustee is directed by the trust to transfer it to them.

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But the property shouldn't be just in the trustee's name, like "***** *****" with no designation as trustee..

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And the trustee shouldn't be taking property out of the trust at all unless the trust specifically says that they can...unless they are also the maker of the trust.

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thanks

Barrister

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Customer reply replied 10 months ago
How long does a trust take? Grandparent passed away 4/2017.

Are you asking how long it takes to settle a trust?

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Was the grandparent the last living maker (Grantor) of the trust?

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What does the trust actually say about when it ends and the trustee is to distribute the assets in it? (normally this is upon the last Grantor's death.)

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Customer reply replied 10 months ago
grandparent was the last living maker.
Customer reply replied 10 months ago
I'm I entitle to a copy of the trust? If yes, what can I do if the trustee will not release a copy?

If the grandparent was the last living grantor, then the trust is no irrevocable and every beneficiary is entitled to a copy of it upon request. So you need to send the trustee a written letter, certified mail, requesting a copy of the trust, a copy of the "Inventory of Assets", and a copy of any "Accounting" for the trust.

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You are entitled to these 3 things as a matter of law once the trust became irrevocable.

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The trust should state when it is to end and the assets go to the beneficiaries... usually that is when the last grantor dies..

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If he won't give you these documents, then something funny may be going on and you will have to get a local attorney to send him a letter threatening to sue him personally for breach of fiduciary duty if he doesn't immediately provide the requested documents..

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thanks

Barrister

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Customer reply replied 10 months ago
Does it make a difference if it's a living trust vs a will? As part of the copies does that include bank statements and personal retirement accounts?

No, a living trust becomes irrevocable once the last grantor dies. So that means that the beneficiaries are entitled to all that information about the trust since it can no longer be changed.

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As part of the copies does that include bank statements and personal retirement accounts?

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No, personal retirement accounts wouldn't be in a trust. And they have designated beneficiaries just like life insurance.

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And bank statements would be included from the time of death of the grantor forward, but not before unless you sued the trustee and had them subpoenaed as part of the case.

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

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Thanks much

Barrister

Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 42,557
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified
Barrister and 87 other Estate Law Specialists are ready to help you
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Customer reply replied 10 months ago
Thank you for your assistance.

You are very welcome. Happy to help any time.

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Have a great afternoon!

Barrister

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