What rights do I have as a trusteeof a family trust and living trust?

UPDATED: Sep 12, 2011

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What rights do I have as a trusteeof a family trust and living trust?

As a named trustee in a family trust can I obtain a copy of the trust? Also if there is a living trust in which someone has been given power of attorney, can I get information on how the trust and assets/money are being dispersed/handled?

Asked on September 12, 2011 under Estate Planning, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am assuming here that the person who created the trust is still alive, correct?  And that the person who created the trust has named another person as the power of attorney.  It really depends on how the trust is set up and written. In theory you should get a copy of the trust.  Is it a trust funded once the person dies?  Is that why you have not been appointed formally to administer the trust?  Listen, it never hurts to come out and ask questions, especially if you know that you are going to have an important fiduciary obligation.  As for the use of the assets by the POA, if you believe that they used the assets improperly then you then you have powers to handle that under the law once you are appointed.  Good luck.

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