Being a trustee requires careful balance. Trustees must navigate their duties to both the trust and beneficiaries—a responsibility that often leads to confusion about the limits of their authority. One of the most common questions that arises is: Can a trustee remove a beneficiary from a trust? However, as with many things in law, the reality isn’t always so straightforward. If you’re a beneficiary, understanding your rights is crucial to protecting the inheritance you’re entitled to receive.
At Gokal Law Group, we always operate with compassion and have helped beneficiaries like you defend your rights and inheritance for decades. Learn whether or not a trustee can remove you from a trust in our blog.
Can a Trustee Remove a Beneficiary from a Trust in California?
Generally speaking, California trust law prohibits trustees from removing beneficiaries from a trust. When someone creates a trust, they decide which assets to include, who will serve as trustee, and who will be named as beneficiaries.
The trustee’s role is to adhere to the instructions in the trust and fulfill their fiduciary duty. Still, like with all questions regarding trusts and probate, there is no singular answer to the question, Can a trustee remove a beneficiary from a trust?
In some situations, a trustee may have such authority. Let’s explore different situations in which trustees may remove beneficiaries.
When Can a Trustee Remove a Beneficiary?
Certain circumstances may give a trustee the authority to remove beneficiaries. A trustee may typically remove a beneficiary if:
- The trustee is also the person who created the trust.
- The document contains a provision allowing them to add and remove beneficiaries.
When someone creates a trust and assigns themselves the trustee, they often name successor trustees to assume the role after they have passed away.
If the trustor (the person who drafted the trust) passes away, you are dealing with an irrevocable trust, meaning it is unlikely the successor trustee can remove a beneficiary.
However, there may be situations where the trust requires a beneficiary to meet certain requirements or criteria in order to receive their distribution.
If the beneficiary fails to meet the requirements of the trust, the trustee may be obligated to withhold or terminate that person’s interest. If the trustor is still alive and has capacity, the trust may be a revocable living trust, and the trustor may be able to remove beneficiaries.
“A trust can place real limitations on what a trustee can do. We recently worked with a family where one sibling, acting as trustee, tried to remove another from the trust. But the trust document clearly said certain siblings—including those from other marriages—couldn’t be disinherited. We were able to review the trust document and pursue California trust litigation to protect their inheritance and prove that, while they had the power to remove beneficiaries, removing these distant siblings was not allowed per the trust terms.” – Ronald V. Larson, a partner and beneficiary lawyer at Gokal Law Group with nearly three decades of litigation experience.
There may be situations where a beneficiary is stealing or misusing trust assets or otherwise taking or using trust assets without permission. Although a trustee cannot remove the beneficiary from the trust, they may request instructions from the court to either suspend or discontinue distributions to the beneficiary.
The trustee may also be obligated, depending on the terms of the trust, to modify a distribution to a beneficiary who lacks the capacity to receive the distribution.
This may require a special needs trust or other procedures to ensure the beneficiary receives their distribution properly despite a lack of mental capacity.
Again, the terms of the trust will generally dictate how a trustee should go about this.
In addition, if there is evidence that the trust was the result of undue influence, fraud, or duress, or if the person who created the trust lacked the requisite capacity to do so, a court may find the trust invalid. If that happens, any beneficiaries added under those questionable circumstances could lose their interest in the trust.
Premier Beneficiary Lawyers in California
So, can a trustee remove a beneficiary from a trust? Like most situations that involve California trust law, the answer depends on your unique circumstances. If a trustee is attempting to remove you from a trust without legal authority, working with a beneficiary rights attorney is essential. A premier lawyer can review the trust, interpret the complex legal jargon, and determine whether or not a trustee is acting within their rights.
Disclaimer:
The information provided on this website does not, and is not intended to, constitute legal advice. Use of, and access to, this website or any of the links or resources contained within the site do not create an attorney-client relationship between the reader, user, or browser and Gokal Law Group, Inc. All information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information.
Readers of this website should contact an attorney to obtain advice with respect to any particular legal matter. No reader, user, or browser of this site should act or refrain from acting on the basis of information on this site without first seeking legal advice from counsel in the relevant jurisdiction. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation.