Q: Trustee demanding a blood test drug test to one beneficiary rules? And rights of.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
A trustee generally has a fiduciary duty to act in the best interest of the beneficiaries and follow the terms outlined in the trust. If the trust document specifies that a drug test is required for beneficiaries to receive distributions, the trustee may have the authority to request such a test. However, if the trust does not include this requirement, demanding a drug test could be considered overreaching and may be challenged.
As a beneficiary, you have the right to request a copy of the trust document and review its terms. You also have the right to request an explanation of why the trustee is demanding the test, particularly if it’s not mentioned in the trust. If you feel the trustee is acting outside their authority or unfairly, you can seek legal advice and consider taking action, such as requesting the court to review the trustee's actions.
If you are unsure of your rights or the trustee's obligations, you can petition the court for clarification or to remove the trustee if they are not fulfilling their duties properly. This situation can often involve sensitive legal interpretations, so it’s important to review all documents and take appropriate steps to protect your rights.
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.
