Q: How can I prevent a trust officer from fraudulently changing distributions in California?

A: This seems to be a clarification of an earlier question. Your concern is understandable, especially without direct access to the trust document. Here’s what generally prevents a trust officer from fraudulently changing distribution amounts in a California revocable trust:

Legal and Institutional Safeguards

1. Fiduciary Duty: California law requires trustees—including bank trust officers—to follow the trust’s terms and act solely in the beneficiaries’ interest. Altering distributions for personal gain would be a serious breach of duty and subject to legal penalties.

2. Bank Oversight: Banks have strict internal controls—audit trails, multi-person approvals, and regular audits—which make unauthorized changes or forgeries very difficult to carry out undetected.

3. Your Rights: If the trust has become irrevocable (for example, after the settlor’s death), you have the right to request a full copy of the trust and an accounting. If you’re denied this, you can petition the probate court to compel disclosure.

What You Can Do

• Request a complete copy of the trust and any amendments.

• Ask for a detailed statement showing how your distribution was calculated.

• Keep records of all correspondence.

• Consult a trust attorney if you suspect wrongdoing—California law provides strong remedies for beneficiaries.

A: In California, a trust officer cannot lawfully alter the terms of a trust, especially for personal gain. The trustee is legally bound to follow the trust instrument as written, and acting otherwise is a breach of fiduciary duty. If a trust officer fraudulently changes distributions or forges documents, that’s not just unethical—it’s criminal.

To protect yourself, ask for a complete copy of the trust and all amendments in writing. As a beneficiary, you have the right to this under California Probate Code §16061.7, especially after the settlor’s death. If the bank refuses, you can petition the probate court to compel disclosure. You may also request an accounting to see how the trust’s funds are being distributed.

Keep written records of all communication, and if you suspect wrongdoing, contact an attorney right away. The court can remove a trustee who acts in bad faith and order repayment of any misappropriated funds. Don’t wait—early action can preserve your inheritance and hold the trustee accountable.