Beneficiary Harassing Executor/Trustee

Some beneficiaries come to us because their trustee claims they are harassing them and it really depends on what they beneficiary is doing. Attorney Keith Davidson explains what is considered harassment from the beneficiary.

Transcript

[Music] So there are times when all here beneficiaries tell me that their trustee is claiming that the beneficiaries are harassing them and it really comes down to what is the beneficiary doing if the beneficiary is asking for reasonable information accounting information wants to see copies of all the trust financial records none of that is harassing although I've seen trustees try to say well you're harassing me because you're asking me for all this stuff that's not harassing at least not in a legal sense the trustee may feel harassed but if that's the case they shouldn't be a trustee because that is the very basic level of a trustee duty is to provide all of that information so the trustee feels harassed don't do the job there are times when perhaps a beneficiary could go too far if they're making threats of physical violence or something along those lines that's not something that I see a lot of but if that were to occur then that would be an improper harassment of the trustee and you sir certainly shouldn't do that as a beneficiary and the reason you shouldn't do that is as a beneficiary you have all the rights you have all of the rights to apply and to enforce against the trustee and yeah you might have to go to court to enforce those rights but there's no reason to make yourself look bad in front of the court when you don't have any obligations or duties only the trustee has those let the trustee make themselves look bad as a beneficiary that's what you want you want the trustee to do the right thing and if they don't do the right thing you want to be able to go to court and show the judge and let the trustee make themselves look terrible and then the court will be inclined to act and help you out and force the trustee to either do the right thing or remove the trustee altogether so most of the time any request by a beneficiary and they're not going to be harassing no matter what your trustee may say albertson and Davidson is here to help you fight for your inheritance check out Alda vlog comm for our complete library of helpful illegal videos and articles from your favorite California trust and will litigation law firm Albertson and Davidson LLP.