Legal Question in Wills and Trusts in California

Does a trustee have a legal right to charge rent to a beneficiary?

Asked on 4/09/13, 11:52 am

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach
0 users found helpful
0 attorneys agreed

It depends on the terms of the trust instrument, to determine what powers and duties have been given to the trustee. Further, it would help to understand whether the beneficiary residing in particular trust property is a specific beneficiary of that property, entitled to an immediate distribution, or whether the trustee is to continue to hold that property for a time and make that property earn money on behalf of the trust.

Read more
4/09/13, 12:05 pm
Timothy McCormick Libris Solutions - Dispute Resolution Services
0 users found helpful
0 attorneys agreed

The simple answer is "yes" unless the beneficiary is entitled to a distribution of the property to them that the trustee is illegally withholding. it would also make little or no sense if the trustee was obligated to disburse all income of the trust and there was only one beneficiary. Otherwise it is perfectly legal. In fact the trustee would be obligated to charge one beneficiary rent if there were more than one beneficiary and they were all entitled to distributions of income from trust assets. You don't think one beneficiary would have a right to live rent free, and the other beneficiaries get nothing, when the property could be rented out and generating income, do you?

Read more
4/09/13, 2:10 pm

Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California

Looking for something else?

Get Free Legal Advice

88263 active attorneys ready to answer your legal questions today.

Probate, Trusts, Wills & Estates Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony RoachLaw Office of Anthony A. RoachChatsworth, CA
Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Michael E. HendricksonAttorney & Counsellor at LawAlexandria,
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now