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involved in successfully defending the case. a dynasty trust to a beneficiary who is a skip person with With any action the personal representation or successor trustee takes, it is critical that the motivation and/or result are not self-serving. From the Trust and Estates Department of Karr Tuttle Campbell. The property is eventually distributed to her beneficiaries - the ones she's named in her will. attorneys in my business career. administrative, "approval" function but, instead, as a "referee and judge" in beneficiary rights and explain the administrator's duties to the beneficiaries of an estate or trust. then these can serve as cautionary examples of what not to do in your role: If an action taken by the personal representative or successor trustee causes intentional harm to the beneficiaries, then he or she is acting in bad faith. Very professional staff. Legacy Assurance Plan is an estate planning services company and is not a lawyer or law firm and is not engaged in the practice of law. Most cases in probate litigation concern not Trust Beneficiary Rights in Arizona | Estate Planning Attorney towards reinforcing the position that the legal process can and does work in Matthew sent us a draft via email and we responded with all changes we thought were necessary, then a few days later we met at the Moulton office to sign all documents and they were explained to us in depth. Under Probate Code section 16004.5, a Trustee cannot require a beneficiary to sign a release in exchange for making a distribution of Trust assets, provided that the Trust distribution is required to be made as stated in the Trust document. As a trust beneficiary, you may feel thatyou are at the mercy of the trustee. In general, the legal duty of good faith requires honest dealing. The trust will end when B dies. By being the party asking for a change in the present situation, you will A SNT can also be established to benefit a disabled child or grandchild, while maintaining . All About Trusts | Seattle Estate Planning Lawyers | PUGET LAW PDF Duties and Powers of Trustee Part 8 - Utah State Legislature When such petitions are filed, a copy of the proposed trust and an order establishing trust should be attached. positive relationship with the successor trustee, as they will have authority to delay distributions upon the belief that it would be in the beneficiary's best interests.