How do you get a copy of the trust?

You can obtain a copy of the trust from the trustee after the maker of the trust dies, by sending a certified return receipt requested letter. Keep a copy of the letter and the tracking number.

Can a trustee treat himself better than other beneficiaries?

Unless the trust provides otherwise, a trustee owes fiduciary duties to the beneficiaries. A fiduciary duty obligates the trustee to act in the best interest of the beneficiary, and not himself.

Estate Division Attorneys

When it comes to inheritance law, estate division is on top of the minds of beneficiaries and attorneys alike, but the division is viewed from different perspectives.

When an attorney represents a trustee, the attorneys focus is to carry forward all the steps that are necessary for the trustee of the case to complete the final division and estate distribution. Along that path are communications to the trustee to treat each beneficiary fairly and according to the terms of the trust or will.

When a beneficiary views the process of estate division, his or her view is not focused on the process, but just the outcome. That is where some of the disagreements in the trusts and estates land. Most beneficiaries do not realize that there is a four month period where no distribution or division of the estate will be made to allow for contests and creditors.

How will you know if your Estate Distribution Attorney is watching the case for you?

When you are involved in estate division issues, you have to have your own attorneys. The attorneys for the beneficiaries are separate than the attorneys for the trustee. Those are two different roles. Estate Planning and Estate Administration are also two different roles for attorneys. In estate administration, an attorney watches for taxes, inventories, creditor claims, a final accounting, and the ultimate estate division.

When you are represented by an attorney as a beneficiary, your attorney watches for your beneficial rights, equal treatment of you as a beneficiary when compared to other beneficiaries, and will ultimately make sure you get an accounting, and your proper estate distribution. Discuss your estate division issues with our attorneys.

Know when to call an estate distribution attorney. If you have not received a copy of the trust and all amendments, or an accounting, and suspect that the trustee is treating himself better than other beneficiaries, call our estate distribution lawyers.

Obtain a free consultation with our estate attorney about issues pertaining to estate division and estate distribution in Los Angeles County California. Call Mina Sirkin 818.340.4479, estate distribution lawyer.

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