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Whether or not the trustee can withhold funds from you depends on the terms of the trust itself. If the trust requires withholding distributions under certain circumstances, such as the beneficiary reaching a specific age, the trustee must follow those stipulations.
Here are the essentials, in most states: Explain that the trust exists. ... Provide your name and contact information. ... Tell beneficiaries that they have the right to see a copy of the trust document and that you will send them one if they request it. ... Give the deadline for court challenges.
As previously mentioned, trustees generally cannot withhold money from a beneficiary for no reason or indefinitely. Similarly, trustees cannot withdraw money from a trust to benefit themselves, even if the trustee is also a beneficiary.
The grantor can opt to have the beneficiaries receive trust property directly without any restrictions. The trustee can write the beneficiary a check, give them cash, and transfer real estate by drawing up a new deed or selling the house and giving them the proceeds.
By stealing from a trust or otherwise breaching fiduciary duty, a trustee keeps beneficiaries from obtaining the assets or funds that they're entitled to. In such cases, a trustee could face civil and criminal charges.
And although a beneficiary generally has very little control over the trust's management, they are entitled to receive what the trust allocates to them. In general, a trustee has extensive powers when it comes to overseeing the trust.
A good first step for the beneficiary is to meet with the trustee who is tasked with executing the terms of the trust. It may be an individual, such as a CPA or lawyer, family member, or potentially a corporate trustee such as Wells Fargo Bank.
The Trust terms, along with the California Probate Code, set the rules for trust accountings. If a Trustee refuses to provide financial information for an unreasonable amount of time, the Trust beneficiaries may want to consult with an attorney about demanding an informal or formal (court-ordered) Trust accounting.