California Trust and Will beneficiaries are subject to abuse in some cases at the hands of a rogue Trustee.  This video explains our view of an abused beneficiary.  It is important to acknowledge these cases and we fight hard to help beneficiaies who are abused.  For those viewing this blog by email subscription, you can click on the title for a link to the video.

  • Lisa

    Wow!! I finally found something that says a beneficiary has rights. What the attorneys are descibing in the videos is happening to me as I type this. I feel so powerless to stop my sister who is the trustee of my Mothers estate. My Mom passed away on June 27th 2011 and my sister took control of her duties in July. There are 3 of us that Mom left as her beneficiarys, myself, my neice, and my sister of course. My neice is my sisters eldest daughter and I beleive she has disbursed funds to my neice as well as herself. Its as if my sister thinks she can disinherit me. She is hostile, she has left me homeless as well as pennyless. My Mom had considerable assets in two bank accounts and just this week I was turned down for an inheritance advance of which I need badly to get myself a place to live and get back on my feet as I became unnemployed in March 2011 when the store in which I worked for 4 years closed its doors after 40 yrs in buisness due to this bad economy and lost revenue. i rented an apartment from my Mom for the last 8 years oweing her nothing in back rent when she passed away in June. But my sister started the proceedings in July that got me evicted from my apartment so she could sell our Moms property. Its still on the market, its in disrepair but rentable and my sister has lost close to $17,000 in income to the trust. I am now at the mercy of my exboyfriends parents who have been letting me stay here with them as I help out with the Mom who has Alzheimers. But I want to go home, or at least back to the hometown in which my Mom and myself called home. I have two grown sons who live miles away in san Francisco but are hardworking and could use some help from me their Mother. I have asked for a report as well as an accounting from my sister which are virtually ignored. I also asked for a disbursement to help me get on my feet but my sister tells me the estate attorney has told her not to make any to me nor would she help me in anyway to get an advance towards my inheritance and I feel as if this nightmare I am in just will not end. Just this month my sister had an eye lift and bought her younger daughter a car. My brother in law who is not named in Moms trust acts as if he is one of the beneficiarys. This is all so crazy but I feel pwerless to stop this mess. Our Mother never intended for this to happen and told me 6 monthes before she died just what was in her bank accounts and to not let my sister try to pull any “funny buisiness” Mom told me if this should happen to hire an attorney and stand up for myself and my rights to my share of her property as well as her money in the bank. What can I do since I have no money to hire my own counsel?

  • Beneficiaries definitely have rights. But all too often it is the beneficiary’s burden to hold a Trustee’s feet to the fire to enforce those rights. Unfortunately, no one oversee’s private trusts until a beneficiary takes the matter to court.

    If you don’t have money to pay for an attorney, you may try to find an attorney who will take your case on contingency. It is a great way to obtain legal representation even though you have no money to spare in up-front fees. Of course, contingency costs more at the end of the litigation than hourly fees, but the tradeoff may be worth it when the alternative is no representation at all.