San Francisco, CA asked in Probate and Estate Planning for California

Q: I have a trust fund, and my trustee will only provide for needs. What is the definition of needs in regards to a Trust?

Though I have provided estimates for medical, my trustee does not consider Medical a need. She seems to be illogical and quite stingy. It seems to be more about lifestyle choice as opposed to anything extravagant and expects me to produce a budget without showing me any kind of accounting reports.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: In the context of a trust, the definition of "needs" can vary depending on the specific language and terms of the trust document. Typically, "needs" would encompass essential expenses necessary for the beneficiary's health, support, and maintenance, such as housing, food, clothing, and medical care. However, the exact interpretation may hinge on the trust's language and any court rulings if there are disputes. It's advisable to consult with an attorney who can review the trust document and provide guidance based on its specific provisions and applicable California law.

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