PROTECTING YOUR RIGHTS AS A BENEFICIARY

Trust litigation is often necessary in order to protect a beneficiaries’ rights under a trust. While the word litigation often inspires certain unfavorable reactions, this does not always have to be the case. The definition of litigation is quite broad and can include many different aspects of beneficiary protection. In connection with trusts, litigation can be as simple as requiring the trustee to provide you with a copy of the trust or an accounting of the trust assets.

1. Standing

In order to get your matter before the court, you must have standing. Standing in trust litigation is defined by Probate Code Section 17200. Standing is a fancy legal term for saying that you are an interested party. An interested party pursuant to the probate code is subject to a very broad definition. To determine if you are an interested party, you should check with your counsel. However, an interested party includes beneficiaries and creditors of the trust.

2. Getting Your Matter Before the Court

Once you have determined that you have standing, you must have a pl

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