Elk Grove Beneficiary Rights Attorneys

Beneficiaries have a legal right to be treated as the deceased wanted and expressed in the legally binding mechanisms of a will or trust. Sometimes, unfortunate circumstances arise when that doesn’t happen. Whether the reason is neglect, incompetence, or bad intent on the part of the trust administrator, it’s all contrary to what the deceased wanted, and it calls out for legal recourse. Our Elk Grove beneficiary rights attorneys are here to see that justice is done. 

Huber Fox has extensive experience with wills and trusts and protecting the rights of heirs. We serve clients throughout the Greater Sacramento & Elk Grove Area. 

A Beneficiaries’ Right to Information

Beneficiaries are entitled to receive copies of the will or trust. This includes both the terms of what they are to inherit, as well as an accounting of any expenses that may affect their share of the trust or estate.

If a reasonable request has been made for copies of documents, or for an accounting or report, and the request has been denied or ignored, legal action may be required to compel the production of the documents or other requested information.

Our Elk Grove beneficiary rights attorneys have the power to subpoena records from banks or other financial institutions related to the administration of a trust or estate, even in the absence of a specific court order. 

In cases where an executor or trustee wrongfully withholds records from a beneficiary, and legal action is required to compel the production of the records or information, the courts are likely to require that the trustee or executor bear the reasonable attorney fees and costs incurred by the beneficiary. 

The courts tend to favor full disclosure and are likely to order the production of documents and records if required by law, or by the will or trust in question.

Huber Fox can be reached by either calling (916) 237-8781 or filling out our online contact form. 

How to Remove a Trust Administrator

Under California Probate Code § 15642, a trustee may be removed for several reasons, including the mismanagement of trust property, misallocation of trust assets, and failure to make timely distributions. 

Additional grounds for removal include insolvency, animosity among co-trustees, a trustee's failure or refusal to act when circumstances would have reasonably required it, and the payment of excessive compensation by the trust for the trustee's services.

Apart from removal under California law, the specific terms of the trust itself may also allow for a trustee's removal. It is advisable to have legal counsel conduct a thorough review of the trust documents to determine whether a non-judicial procedure to remove a trustee is available. 

The Trustee Surcharge

A surcharge is when the trustee compensates the trust for the damage caused by their breach of duty. As part of the surcharge, the trustee must repay the trust for any lost, misallocated, or misappropriated funds that resulted from their breach of duty. What’s more, the trustee may be held responsible for fees, expenses, or other expenditures that were improperly made. 

Furthermore, in addition to the actual damages, the trustee may also be required to pay interest based on the amount of appreciation that would have otherwise accrued had the trustee not disregarded their fiduciary obligation.