Trustees and beneficiaries have distinct roles during administration. When the two clash, timely legal guidance can prevent disputes from escalating.
When a trust creator (called a settlor, grantor, or trustor) dies, the successor trustee initiates trust administration to distribute trust assets to beneficiaries according to the provisions of the trust.
Unlike estates governed by a will, trusts generally avoid the probate process. This means that, unless trust litigation arises, the administration process can proceed privately and without direct court oversight.
In an ideal scenario, the trustee and beneficiaries share a common goal: to carry out the decedent’s wishes as outlined in the trust. Unfortunately, in reality, that isn’t always the case. Sometimes, either the trustee or one or more beneficiaries act in their own self-interest — contrary to the trust’s terms or the collective best interests of the beneficiaries. To prevent this, a system of checks and balances exists between trustees and beneficiaries.
The trustee, who is responsible for overseeing and directing the trust’s activities, must keep beneficiaries informed, maintain thorough records, and adhere strictly to the trust’s terms.
Beneficiaries, in turn, are entitled to a clear view of the trust’s activities and have several legal tools at their disposal to ensure transparency and accountability. They can petition the court to compel an accounting, demand information, enforce the terms of the trust, or even seek to remove and surcharge a trustee who fails to uphold their fiduciary duties.
When trustees understand their powers and limitations, and beneficiaries understand their rights and remedies, the relationship between them can remain cooperative. This often results in a more efficient, cost-effective administration — and ultimately, more of the inheritance reaching the beneficiaries rather than being spent on litigation or administrative costs.
For example, suppose a trust directs that distributions be made within three months of the settlor’s passing. The trustee, however, temporarily withholds distributions to obtain clarification from the court about an ambiguous term in the trust.
This can be a valid reason for delay, so long as the trustee communicates clearly with beneficiaries about what’s happening and why. Open communication helps maintain trust and prevents unnecessary conflict.
Beneficiaries should also know that they have the right to ask about the status of their distributions, and the trustee is legally required to respond. If a trustee unreasonably withholds distributions, beneficiaries can petition the court to compel payment.
While most trustees retain a probate attorney to guide them through trust administration, that attorney represents only the trustee, not the beneficiaries. For this reason, it’s often wise for beneficiaries to retain their own probate attorney during the process, particularly if they distrust the trustee. Doing so ensures their rights are protected and that they receive the inheritances to which they’re entitled, when they’re entitled to receive them.
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Understanding the Roles of a Trustee and Beneficiary
By understanding how a trust works after someone dies, it becomes easier to distinguish the roles involved. Simply put, one party — the trustee — manages the trust for the benefit of the other party — the beneficiaries.
We’ll take a closer look at each of these roles below.
What Is a Trustee of a Trust?
A trustee is essentially the manager of a trust. In most cases, when we refer to a trustee’s role after the settlor’s death, we mean the successor trustee — the individual the settlor appointed to take over management of the trust following their incapacity or death.
It’s common for a settlor to serve as both the trustee and sole beneficiary of their trust during their lifetime. The successor trustee typically steps in only after the trust becomes irrevocable, which usually occurs when the settlor becomes incapacitated or passes away.
Because a trust is not a person or legal entity capable of holding property on its own, a trustee is appointed to hold and manage trust assets for the benefit of the beneficiaries until those assets are distributed according to the trust’s terms.
Trustees must understand that they owe fiduciary duties to the beneficiaries. This means their actions must always prioritize the beneficiaries’ best interests. They are also required to remain impartial, keep accurate records, communicate with beneficiaries, make timely distributions, and adhere strictly to the trust’s provisions.
While trustees generally act without the same level of court supervision that executors are under in probate, beneficiaries can still petition the court if a trustee fails to fulfill their duties or mismanages the trust.
When Does a Successor Trustee Take Over?
A successor trustee generally assumes control of a trust once the settlor loses capacity or passes away — though the trust’s specific terms can affect this timeline.
For example, a trust might proactively address potential capacity issues by requiring the successor trustee to take over when the settlor reaches a certain age, such as 70. In that case, the successor trustee would begin managing the trust at that point, even if the settlor is still alive and capable of making decisions.
Generally, to effectively manage a trust, which includes entering into transactions on behalf of the trust, the settlor must possess a level of mental competence known as contractual capacity. This standard is higher than the standard of mental competence needed to create a will, known as testamentary capacity, because trusts and their governing documents are often more complex than wills.
When a settlor loses capacity — for example, due to Alzheimer’s disease, a stroke or another condition affecting cognition — they may no longer understand what a trust is, what assets they own, how the trust affects their beneficiaries, or how to make business decisions in the best interest of the trust and its beneficiaries.
While a successor trustee may assume control of a trust while the settlor is alive due to incapacity, they may not have the power to begin distributing trust assets until after the settlor’s death — whether they can do so depends entirely on the terms of the trust.
What Are the Duties and Responsibilities of a Trustee?
A successor trustee has a range of duties and responsibilities designed to ensure the trust is properly administered and that beneficiaries ultimately receive the inheritance to which they are entitled under the trust.
While the specific responsibilities of a trustee can vary depending on the trust’s terms — for instance, one trust might require the trustee to sell assets, while another may prohibit it — it’s essential for trustees to understand the general scope of their role and the broad fiduciary duties they owe.
A trustee’s responsibilities during trust administration may include:
- Notifying beneficiaries about the start of trust administration
- Taking an inventory of trust assets and determining their value as of the decedent’s date of death
- Preparing annual trust accountings to keep beneficiaries informed
- Managing and growing trust assets through prudent investments
- Selling or purchasing trust property when authorized or necessary
- Litigating claims on behalf of the trust or defending the trust against claims
- Distributing trust assets to beneficiaries in a timely manner according to the trust’s terms
The fiduciary duties a trustee generally owes beneficiaries include:
- Duty of loyalty: The trustee must act solely in the best interests of the beneficiaries.
- Duty to follow the trust document: The trustee must adhere strictly to the terms outlined in the trust.
- Duty to avoid conflicts of interest: The trustee must prevent direct or indirect personal interests from interfering with the fair administration of the trust.
- Duty of impartiality: The trustee must treat all beneficiaries fairly, even when they are also a beneficiary themselves.
- Duty to account: The trustee must provide regular accountings to beneficiaries detailing trust assets, income and expenses.
- Duty to avoid commingling: The trustee must keep trust assets separate from their own assets and from other unrelated assets.
- Duty to enforce and defend claims: The trustee must take necessary action to enforce claims on behalf of the trust and defend it against outside claims. However, they are generally not required to intervene in disputes that exist solely among beneficiaries.
Because trustees have numerous duties and responsibilities, many choose to work with a probate attorney and other third-party professionals to navigate the process. An experienced attorney can not only guide them through each step of trust administration but also protect them against personal liability if claims arise against them.
Can a Trustee Be a Beneficiary?
While an inherent conflict of interest exists when a trustee is also a beneficiary, this does not disqualify them from serving in both roles. It simply means they must take extra care to ensure their personal interests do not interfere with the fair and proper administration of the trust.
For instance, imagine a trust in which the decedent’s children are the beneficiaries, and the eldest sibling is appointed trustee. Because the housing market is favorable, the trustee and the other beneficiaries agree that selling a trust-owned property would be wise. However, instead of listing the property on the open market to secure the highest possible offer, the trustee personally purchases it at below market value, essentially giving themselves a deal.
In doing so, the trustee violates not only their duty to avoid conflicts of interest but also their duty of loyalty, as they acted in a way that favored their own personal interests over the collective best interests of the beneficiaries. By failing to secure a fair market price, the trustee reduced the overall value of the trust and, by extension, the distributions owed to the beneficiaries.
Although a trustee may, under certain circumstances, purchase trust property with the unanimous written consent of all beneficiaries, doing so is generally discouraged because of the potential for perceived or actual self-dealing.
The same principle applies in other situations where the trustee is a beneficiary as well. For example, even though the trustee controls the trust assets, they cannot grant themselves distributions earlier or in different amounts than the trust document allows.
Adhering strictly to the trust’s terms is essential to maintain fairness and avoid breaching fiduciary duties.
What Is a Trust Beneficiary?
A trust beneficiary is the individual or entity for whom the trust was created and is who ultimately benefits from it. When the settlor drafts a trust, they designate the beneficiaries who will inherit assets and outline the details of each beneficiary’s share.
While some trusts allow beneficiaries to receive distributions during the settlor’s lifetime, it is more common for distributions to occur only after the settlor’s death.
Although beneficiaries don’t have formal duties like trustees, they should not remain passive during the administration process. Beneficiaries play an important role in ensuring the trustee’s actions align with the trust’s terms and that administration proceeds smoothly and fairly.
Beneficiaries can stay engaged by maintaining open communication with the trustee, asking questions and carefully reviewing any reports or documents the trustee provides.
It’s also important to remember that, unlike probate estates, most trusts operate without direct court supervision. This means it falls to the beneficiaries to monitor the trustee’s conduct and take prompt legal action if the trustee mismanages the trust or breaches their duties.
Working with a probate attorney is strongly recommended for trust beneficiaries. An experienced attorney can communicate with the trustee on the beneficiaries’ behalf, monitor the administration for potential issues and take legal steps to enforce the beneficiaries’ rights as necessary.
What Are the Rights of Trust Beneficiaries?
Trust beneficiaries have specific rights designed to ensure they receive the inheritance they’re entitled to under the terms of the trust.
It’s essential for beneficiaries to understand these rights — and how to enforce them — so they can take the proper legal steps if a trustee’s conduct threatens the trust or their inheritance.
The rights of trust beneficiaries typically include:
- Right to information about the trust: Beneficiaries are entitled to receive key documents and updates, including a copy of the trust, periodic accountings, financial statements and reports about the trust’s performance and ongoing administration.
- Right to enforce the terms of the trust: If a trustee fails to follow the trust’s provisions, beneficiaries can petition the court to compel the trustee to comply.
- Right to fair and impartial treatment: Beneficiaries must be treated equally and fairly by the trustee. If a trustee favors one beneficiary over another, the disadvantaged beneficiary may seek legal recourse.
- Right to contest the trust: Beneficiaries may challenge a trust — or specific amendments — if they have legal standing (a financial interest in the outcome) and valid grounds for the trust contest, such as undue influence, fraud or lack of capacity.
- Right to timely distributions: Beneficiaries can petition the court to compel the trustee to make distributions if the trustee withholds them without proper justification.
- Right to hold the trustee accountable: If beneficiaries suspect mismanagement or a breach of fiduciary duty, they may take legal action against the trustee. Possible remedies include trustee removal or suspension, as well as surcharges to compensate for losses to the trust.
What Is the Difference Between a Trustee and Beneficiary?
It’s difficult to directly compare trustees and beneficiaries, as they serve entirely different purposes within a trust. Beneficiaries are the individuals for whom the trust was created, while trustees are responsible for ensuring those beneficiaries receive the benefits the settlor intended.
A trustee’s role is much like that of an employee. They are compensated for their time and effort through trustee fees and can be “fired” (or more accurately, removed) if they mismanage trust assets or fail to fulfill their fiduciary duties.
By contrast, a beneficiary’s role is more like that of a customer. They aren’t required to do anything to receive their inheritance, but staying engaged by “checking the receipts” (or reviewing the documents and reports the trustee provides) helps ensure they receive the full inheritance to which they are entitled.
In short, while trustees and beneficiaries occupy very different roles, both are essential to the proper functioning of a trust and to fulfilling the settlor’s overall intent.
Successor Trustee vs. Beneficiary of Trust — 3 Key Distinctions
In the sections below, we discuss three important distinctions between the role of a successor trustee and that of a trust beneficiary.
Control and Access to Trust Assets
While trustees have full access to and control over trust assets, beneficiaries cannot access or manage those assets until they are distributed to them in accordance with the trust’s terms.
There are, however, important caveats to keep in mind. Although trustees hold significant authority over trust assets, that authority comes with strict limits. Trustees must exercise control responsibly and in compliance with both the trust’s terms and their fiduciary duties. This means that while the trustee can manage trust property, they must do so for the benefit of the beneficiaries, not themselves.
The trustee is also responsible for preserving the value of trust assets until distribution, which may include making mortgage payments, maintaining and securing real property and covering necessary expenses related to upkeep and insurance. In many cases, they are responsible for growing trust assets as well through making prudent investments.
Beneficiaries, on the other hand, cannot directly access or control trust assets, but they can influence how those assets are managed.
For example, if a trustee plans to sell real estate owned by the trust, they are generally required to serve a Notice of Proposed Action to all beneficiaries at least 15 days before the sale. This notice gives beneficiaries an opportunity to review the proposed transaction.
While beneficiaries usually cannot outright block a sale (unless the trust document explicitly grants them such authority), they can express their concerns or objections, preferably in writing, to the trustee. If serious objections arise, beneficiaries may also file a formal objection with the court. In such cases, the court will decide whether the sale should move forward after considering arguments from both sides.
Fiduciary Duty
One of the key distinctions between trustees and beneficiaries lies in their fiduciary obligations — or lack thereof. Trustees owe fiduciary duties; beneficiaries do not.
A trustee’s fiduciary duties are the foundation of trust administration. These duties require the trustee to act solely in the best interests of the beneficiaries and to manage the trust with care, transparency, and impartiality. A trustee must follow the terms of the trust precisely, avoid conflicts of interest, and maintain accurate records. They are also expected to preserve and grow trust assets.
If a trustee breaches any of these duties — for example, by engaging in self-dealing, displaying favoritism, mismanaging trust assets, or withholding information or distributions — they can be held personally liable. Beneficiaries have the right to compel corrective action or seek removal and financial penalties for losses caused by the trustee’s misconduct.
In contrast, beneficiaries do not owe fiduciary duties — to the trustee or one another. Their role is primarily protective. They are entitled to question the trustee’s decisions and receive information and accountings to ensure the trust is being properly administered.
Unlike trustees, beneficiaries are not legally obligated to act in anyone else’s best interests. Their goal mainly is to safeguard their own inheritance and, when something or someone puts it at risk, to take steps to protect it using the proper legal channels.
In sum, while a trustee’s role is defined by the fiduciary duties they owe, a beneficiary’s role is to hold the trustee accountable when those duties are breached or when the trust is not administered as intended.
Transparency Requirements
Transparency is essential during trust administration and highlights a key distinction between trustees and beneficiaries. Trustees are legally required to act openly and keep beneficiaries informed, while beneficiaries rely on this transparency to monitor the trust and protect their interests.
Although trustees are not required to disclose every minor decision, they must provide a reasonable amount of information — enough for the beneficiaries to understand the trust’s administration and enforce their rights. This means the trustee must, at a minimum, provide a copy of the trust upon request, periodic accountings, financial statements, and updates on the trust’s administration and reasonably respond to requests for information by the beneficiaries.
Major decisions, such as proposed sales of trust property or significant investments, should always be communicated to beneficiaries. Trustees may issue Notices of Proposed Action to give beneficiaries the opportunity to review the transaction and, if necessary, object before it’s finalized.
By maintaining transparency, trustees open a window into their activities and allow beneficiaries to verify that the trust is being properly administered. It is always preferable for the trustee to share an excess of information rather than too little information, as doing so helps foster trust and cooperation with the beneficiaries.
While beneficiaries have no formal obligations regarding transparency, they should not remain passive. Actively reviewing the information and accountings provided by the trustee is crucial. Because potential issues can be subtle — and sometimes deliberately obscured — it may be wise for beneficiaries to ask a probate attorney to inspect such documents.
If inconsistencies or irregularities arise, beneficiaries or their attorneys should promptly raise concerns with the trustee. If the issues cannot be resolved directly, they may escalate the matter to the court.
In this way, transparency functions as a two-way street: Trustees provide clear and open communication, and beneficiaries use that information to hold trustees accountable and safeguard their rights.
Common Disputes Between Trustees and Beneficiaries of a Trust
Trust administration typically proceeds more smoothly and efficiently when disputes between trustees and beneficiaries are minimal or nonexistent. Unfortunately, this ideal scenario does not always occur.
In the sections below, we review the most common types of disputes that can arise between trustees and beneficiaries.
Breach of Fiduciary Duty Claims
A breach of fiduciary duty occurs when a trustee acts in a way that violates their fiduciary obligations, such as by mismanaging trust assets, self-dealing, preparing inaccurate accountings, showing favoritism, or failing to abide by the trust’s terms.
When a trustee fails to uphold their fiduciary duties, and a beneficiary notices, a dispute may arise between the beneficiaries and trustee.
A breach of fiduciary duty claim may involve:
- Mismanagement of trust assets: A trustee’s failure to carefully manage trust assets results in financial loss.
- Self-dealing: A trustee uses trust assets for personal gain or engages in transactions that benefit themselves at the expense of the beneficiaries.
- Failure to follow trust instrument: The trustee deviates from the instructions outlined in the trust.
- Displays of favoritism: The trustee shows preferential treatment toward one or more of the beneficiaries.
- Improper reporting or lack of communication: The trustee provides inaccurate accountings, financial information or updates — or fails to provide them altogether.
If the court finds that a trustee breached their fiduciary duties, beneficiaries have several remedies available to them to hold the trustee accountable, including suspension or removal, surcharges, and possibly even damages. Additionally, if the case proceeds to trial and beneficiaries win, they may be able to seek an award of their attorney’s fees and costs.
If beneficiaries suspect a breach, it’s crucial they take swift action. Early intervention — particularly with the guidance of a probate attorney — can prevent further damage to the trust.
Documentation is essential in building a successful claim, which is why it is ideal for trustees and beneficiaries to communicate with one another in writing whenever possible.
Withholding of Distributions
A common source of conflict between trustees and beneficiaries arises when a trustee withholds distributions that are due and payable.
In some cases, a trustee may have discretionary authority over distributions, but more often, they are required to follow the terms of the trust and distribute assets according to those terms. Even when exercising discretion, trustees remain bound by their fiduciary duties and must act in the best interests of the beneficiaries.
A trustee should never withhold a distribution that has come due without valid justification. And if a distribution does have to be temporarily withheld, the trustee should clearly communicate the reason to the beneficiaries to prevent accusations of misconduct.
Valid reasons for withholding trust distributions may include:
- Outstanding liabilities or expenses: It may be necessary for the trustee to retain funds to pay debts, taxes and administration expenses.
- Discretionary terms in the trust: If a trustee has discretionary authority, they may provide distributions to beneficiaries based on each beneficiary’s individual needs and the long-term aims of the trust. This may result in distributions being withheld from certain beneficiaries.
- Protecting the trust’s interests: A trustee may be justified in withholding distributions if immediate payment could harm the trust or its beneficiaries. For example, if a trust property needs to be sold to divide the proceeds among beneficiaries, but the housing market is unfavorable, delaying the distribution could ultimately result in a greater benefit for all the beneficiaries.
While beneficiaries have the right to ensure that distributions are made according to the trust’s terms, this right must be balanced with the trustee’s duty to act in the best interests of the trust and its beneficiaries.
If a trustee withholds distributions without valid justification, beneficiaries have the following remedies available to them:
- Request reasons or documentation from the trustee regarding the delay
- Petition the court to compel distributions
- Sue the trustee for breach of fiduciary duty if the trustee is withholding distributions as a result of self-dealing, negligence or other misconduct
Trust Contests
A trust contest occurs when a beneficiary (or someone else with standing) challenges the validity of a trust or certain provisions within it. While a trust contest is technically not a conflict between the trustee and beneficiaries, it often pits the trustee against one or more of the beneficiaries, since the trustee may be responsible for defending the trust when trust disputes arise.
That said, if a trust dispute pits beneficiaries against one another, it may be wiser for the trustee to refrain from participating in the dispute to avoid accusations of favoritism — or, at the very least, consult a probate attorney about the role they should play.
Beneficiaries must remember that a trust can only be contested on certain grounds — and dissatisfaction with an inheritance doesn’t count as a valid one.
Common grounds for contesting a trust include:
- Lack of capacity: The settlor lacked the level of mental competence needed to create or amend the trust.
- Undue influence: The settlor was pressured or manipulated into creating or amending the trust.
- Fraud or forgery: The settlor was deceived into creating or amending the trust, or their signature or the entire trust document was falsified.
- Improper execution: The trust was not signed or witnessed according to the legal requirements outlined in California Probate Code sections 15200-15212.
- Revocation: The settlor previously revoked the trust.
Successfully contesting a trust typically requires substantial evidence. Fortunately, an experienced attorney can guide beneficiaries through the evidence-gathering process.
It is essential for beneficiaries to consult an attorney before pursuing a trust contest, as the cost of contesting a trust can be significant. In many cases, contesting a trust may substantially deplete the trust’s assets, potentially reducing beneficiaries’ inheritances — making it critical to evaluate the merits of a claim, potential expenses, and likely outcomes with an attorney in advance.
Tips for Avoiding Disputes Between the Trustee and Beneficiaries
Preventing conflicts between trustees and beneficiaries helps preserve family relationships and ensures that trust administration proceeds smoothly, efficiently, and cost-effectively.
Below, we provide practical guidance for trustees and beneficiaries on how to minimize conflicts and navigate trust administration successfully.
Be Proactive
By being proactive, potential issues can be addressed before they escalate into formal disputes. Litigation can be costly, stressful, and time-consuming — so preventing it whenever possible is always preferable.
Trustees should aim to provide beneficiaries with necessary documents, such as copies of the trust and annual accountings, without being asked. Doing so keeps administration on track and helps prevent unnecessary delays. Additionally, trustees should anticipate potential questions or concerns from beneficiaries and address them early, which can go a long way toward maintaining positive relationships.
Beneficiaries can take a proactive role by reviewing trust documents, inspecting accountings, and understanding their rights and expected distributions. Consulting a probate attorney from the outset can help ensure their rights are protected throughout the administration process.
Communicate Clearly and Often
Clear communication is essential in preventing misunderstandings and fostering trust between the trustee and beneficiaries.
Trustees should provide regular updates, explain major decisions and address any questions or concerns beneficiaries may have.
Beneficiaries, in turn, should not hesitate to seek clarification if they disagree with or don’t understand a trustee’s decision or action. If beneficiaries need information about the trust to enforce their rights, they may submit an informal request at any time — and the trustee is required to respond within a reasonable timeframe.
Work with an Experienced Probate Attorney
Working with a knowledgeable probate attorney can help prevent disputes and ensure trust administration runs smoothly.
Trustees may consult an attorney for guidance on complex decisions, compliance with fiduciary duties or potential litigation.
Beneficiaries may consult an attorney to understand their rights, review trust documents and accountings, and determine the best course of action if a trustee acts improperly, their rights are being violated or a trust is invalid.
It’s important for beneficiaries to remember that the trustee’s attorney represents the trustee, not them. If beneficiaries wish to have independent legal support, they should retain their own attorney.
Trust Beneficiary vs. Trustee FAQs
Still confused about the difference between a trust beneficiary and successor trustee? Explore the frequently asked questions below for additional clarity.
How do these differ: trustee vs. beneficiary vs. grantor?
A trustee is responsible for managing and administering the trust in accordance with its terms and for the benefit of the beneficiaries.
A beneficiary is the person or entity the trust was created to benefit.
The grantor (also known as the settlor or trustor) is the individual who created the trust and established its terms. Generally, the successor trustee doesn’t start their role until after the grantor loses capacity or dies.
How do these differ: executor vs. trustee vs. beneficiary?
An executor oversees a decedent's probate estate after they die, while a trustee oversees a decedent’s trust after they become incapacitated or die.
Estate beneficiaries benefit from probate estates, whereas trust beneficiaries benefit from trust estates. Unlike trustees or executors, beneficiaries have no administrative responsibilities; they receive distributions and have the ability to monitor the process and hold the executor or trustee accountable.
Can you be the trustee of your own trust?
Yes, a settlor can serve as the trustee of their own trust during their lifetime, so long as they retain mental capacity. This arrangement is especially common with revocable living trusts.
When the settlor acts as trustee, the assets they transfer to the trust are no longer technically owned by them, but they still retain full control over how those assets are managed and distributed for their own benefit.
However, once the trust becomes irrevocable — usually upon the settlor’s incapacity or death — a successor trustee assumes responsibility for administering the trust.
Who has more power: a trustee or beneficiary?
It isn’t particularly helpful to view trustees and beneficiaries in terms of which party holds more power, as each plays a distinct but equally important role.
While trustees may appear to have greater authority because they control, manage, and distribute trust assets, beneficiaries wield significant oversight power. They can hold the trustee accountable for administering the trust in accordance with its terms, maintaining transparency and acting in the beneficiaries’ collective best interests.
Can a beneficiary live in a trust property?
Whether a beneficiary can live in a trust property generally depends on the language of the trust. Some trusts explicitly grant certain beneficiaries the right to occupy trust property, while others prohibit or limit such use.
If a beneficiary wishes to live in a trust property or already resides there, the trustee should first review the trust document to confirm that this right is clearly stated. If the trust does not authorize such occupancy, the arrangement could create complications, particularly if other beneficiaries have an interest in the property.
Ultimately, trustees must adhere to the trust’s terms and ensure that allowing a beneficiary to live in the property does not harm the trust or disadvantage other beneficiaries. When in doubt, it’s wise for trustees to seek guidance from an experienced attorney to protect both the trust and themselves from potential liability.
Still have questions about the difference between a trustee and beneficiary?
If you are a trustee seeking guidance or a beneficiary concerned about your inheritance, working with an experienced probate attorney can help you navigate complex trust matters and prevent disputes.
Contact our team today for help understanding your role.
