Full question:
I have a pritty good sized family Trust from my parents & in it they stipulate that I only receive $3000 per month from it. I am wondering if my sister who is the executor gives me more that that if there would be any reprocussions on eather side, she said she has the obligation to follow the instructions of the Trust & I understand that but is there any penelty for giving me more or just giving me all of it because my dad said before he died to do that but I didn't tell my sister untill after He & my mother had died so there is nothing in writing.
- Category: Trusts
- Date:
- State: California
Answer:
The trustee of a trust has a duty to follow the terms in the trust, despite an oral statement of a contrary intention. If the trustee acts against the terms of the trust, the trustee could be sued and held personally liable.
Please see the following CA statute:
16420. (a) If a trustee commits a breach of trust, or threatens to
commit a breach of trust, a beneficiary or cotrustee of the trust may
commence a proceeding for any of the following purposes that is
appropriate:
(1) To compel the trustee to perform the trustee's duties.
(2) To enjoin the trustee from committing a breach of trust.
(3) To compel the trustee to redress a breach of trust by payment
of money or otherwise.
(4) To appoint a receiver or temporary trustee to take possession
of the trust property and administer the trust.
(5) To remove the trustee.
(6) Subject to Section 18100, to set aside acts of the trustee.
(7) To reduce or deny compensation of the trustee.
(8) Subject to Section 18100, to impose an equitable lien or a
constructive trust on trust property.
(9) Subject to Section 18100, to trace trust property that has
been wrongfully disposed of and recover the property or its proceeds.
(b) The provision of remedies for breach of trust in subdivision
(a) does not prevent resort to any other appropriate remedy provided
by statute or the common law.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
