| Alan R. Horvath, Attorney at Law |
| Frequently Asked Trust Questions |
| Phone: 209 754-5291 Fax: 209 754-5293 |
| ahorvathlaw@sbcglobal.net |
P.O. Box 81
596 Mountain Ranch Rd.
San Andreas, CA 95249
596 Mountain Ranch Rd.
San Andreas, CA 95249
What Laws Govern Trusts in California?
Under California law, a person is given wide latitude in establishing a trust. For the most part, as long as it is not
illegal, you can instruct your trustee to take any actions with your assets that you wish.
That said however, it is still important to realize that California law clearly gives the courts authority over every trust
and every trustee. A trustee has imposed on himself minimum reporting requirements to the beneficiaries. The
courts will allow any beneficiary to bring suit against the trustee if the trustee fails to account to the beneficiary, or
takes actions that are not consistent with the instructions of the person who established the trust.
Even when a trust document gives discretion to a trustee, the court will look at the document as a whole to
determine who was supposed to be benefiting. If the trustee fails to put the well being of the intended beneficiaries
above his own, the court can remove him.
Under California law, a person is given wide latitude in establishing a trust. For the most part, as long as it is not
illegal, you can instruct your trustee to take any actions with your assets that you wish.
That said however, it is still important to realize that California law clearly gives the courts authority over every trust
and every trustee. A trustee has imposed on himself minimum reporting requirements to the beneficiaries. The
courts will allow any beneficiary to bring suit against the trustee if the trustee fails to account to the beneficiary, or
takes actions that are not consistent with the instructions of the person who established the trust.
Even when a trust document gives discretion to a trustee, the court will look at the document as a whole to
determine who was supposed to be benefiting. If the trustee fails to put the well being of the intended beneficiaries
above his own, the court can remove him.
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