Can a trustee take a beneficiary off the Trust after the trustor died?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can a trustee take a beneficiary off the Trust after the trustor died?

My mom received a huge inheritance from her uncle. She passed away and my dad and brother took me off the living Trust to where I get nothing. My dad never let me see the original living family Trust after my mom died. Also, my brother and dad are spending money on cars, trucks and diamond rings for their girlfriends and themselves.

Asked on September 30, 2018 under Estate Planning, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, they cannot do this unless the terms of the trust specifically give the trustee this power: the trustee is obligated to follow the terms of the trust and cannot remove someone from it unless specifically authorized to do so; the trustee administers the trust, but does not control it. The trustee may not also take money or property, etc. from the trust other than as the trust specifically gives them these things by its terms, or authorizes them to pay themselves certain amounts. If a trustee violates the terms of his trust and/or his "fiduciary duty" (duty of loyalty) to the beneficiaries, he can be be forced to repay what he took and also removed as trustee; a court can also order that money or payments be made to those whom the trust directed they should be made. Speak with a trusts and estates attorney: you may have a legal claim against your father and brother as trustee(s).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption