Hemet, CA asked in Estate Planning for California

Q: Does a Trustee have to get a beneficiary's permission to make capital expenditures from the a Special Needs trust?

My wife is beneficiary of a Special Needs trust. The Trustee has been spending money on property upgrades for a house that belongs to the trust without consulting my wife.

The upgrades are done at the behest of the other beneficiary, my brother-in-law, who occupies the house alone.

Related Topics:
1 Lawyer Answer
Rebecca Sommer
Rebecca Sommer
  • Estate Planning Lawyer
  • Anaheim, CA
  • Licensed in California

A: The trust documents should have the answer to this question as they dictate the powers of the trustee as well as how funds are to be used.

An experienced estate planning lawyer could likely answer this question in minutes if you provide them with a copy of the trust documents.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.