Santa Barbara, CA asked in Family Law and Estate Planning for California

Q: Are Judges, attorneys and trustees required to obey all instructions in a trust?

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3 Lawyer Answers
Robert Kane
Robert Kane
Answered
  • Estate Planning Lawyer
  • Eagan, MN
  • Licensed in California

A: There are situations when judges, attorneys and trustees are not required to obey all instructions in a trust.

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T. Augustus Claus
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Answered

A: Generally, judges, attorneys, and trustees are required to follow the provisions set forth in a trust. Failure to do so could result in legal consequences, but the specifics would depend on the terms of the trust and the context in which they are not being followed.

James L. Arrasmith
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Answered
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: Yes, judges, attorneys, and trustees are generally required to obey all lawful instructions in a trust document. However, if the instructions in a trust document are illegal, against public policy, or impossible to fulfill, they may not be enforceable. It's essential for these individuals to act in accordance with the law and the terms of the trust while fulfilling their fiduciary duties.

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