Specific Powers of a Trustee

[GoBears]

I am in California.

As stated here (http://www.assetprotectionbook.com/U...powers_816.htm), it seems that a Trustee has the right to sell property in the Trust, as well as make changes to it.

I'm curious to know if that is always true, w/o exception. I ask because what if the heirs are each to receive a property... If the Trustee (also an heir) sells what would be another heir's property, then the monies from which go into the estate, and distributed amongst all of the heirs; not exclusively to the one who the Will intended. Do I understand this correctly?

Likewise, if appraisals are to be done on the properties to discern the amount of money an heir needs to pay another heir for equity purposes, it seems wrong that a Trustee (again, also an heir) can improve a property, thus impacting it's value for an appraisal.

Does the Trustee-beneficiary have the right to do such things to properties directed toward other beneficiaries?

[Mr. Knowitall]

A lot will depend upon the terms of the trust. It seems unlikely that a trustee would be permitted to self-deal in the manner you describe, if their conduct were challenged, nor should they be permitted to defeat the purpose of the trust by liquidating specific bequests and undermining the grantor's intent. Have the trust reviewed by a lawyer.

[GoBears]

Thank you. This has not happened (thankfully), but given some discussions, it does have us leary of what could materialize...

Is there a website somewhere that lists what a beneficiary or heir can request from a Trustee; ie, what a Trustee shall provide upon request?

We have heard more than a few times the Trustee say "I have the right to do..." And while she does, as seen here with selling Trust property, etc, we've tried explaining that this might not be the "right" thing to do. Upon asking to see an appraisal of another Trust property (the one going to her), the reply was 'that is not your property, so I don't have to show you.' Yet the assessement of value of all properties is important to all heirs given the terms...

Again, it would really nice to know what a beneficiary can insist upon, and know full well that one is not out of line doing so. If there is such a handy-dandy link, kindly share. Such enlightenment might be sufficient to help us avoid litigation.

Thank you.

[seniorjudge]

Thank you. This has not happened (thankfully), but given some discussions, it does have us leary of what could materialize...

Is there a website somewhere that lists what a beneficiary or heir can request from a Trustee; ie, what a Trustee shall provide upon request?

We have heard more than a few times the Trustee say "I have the right to do..." And while she does, as seen here with selling Trust property, etc, we've tried explaining that this might not be the "right" thing to do. Upon asking to see an appraisal of another Trust property (the one going to her), the reply was 'that is not your property, so I don't have to show you.' Yet the assessement of value of all properties is important to all heirs given the terms...

Again, it would really nice to know what a beneficiary can insist upon, and know full well that one is not out of line doing so. If there is such a handy-dandy link, kindly share. Such enlightenment might be sufficient to help us avoid litigation.

Thank you.

Here is the answer:

...A lot will depend upon the terms of the trust....Have the trust reviewed by a lawyer....