Legal Question in Wills and Trusts in California
removal of beneficiary
Can a trustee remove a beneficiary from a trust? If yes how? How can I avoid this as a beneficiary? Also, if the trust states that real property cannot be sold within 10 years is that legally binding? What if the trustee wants to sell a home and I do not want it sold? Doesn't the trustee have to act in conformity to the beneficiary's interest.
1 Answer from Attorneys
Re: removal of beneficiary
Usually not, (assuming the trust is now irrevocable) but you'd have to check the terms of the trust to know for sure.
The same would apply to your other questions: it depends on the trust. As for the restriction on selling the home, the beneficiary could enforce that in court. Likewise, unless there was a loophole in the trust, the trustee would have to get court permission to sell the house prior the end of the ten-year period.
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