Does a Trustee Have the Option to Exclude Beneficiaries?


May a Trustee Unilaterally Exclude You as a Beneficiary?


I’m Jordan Flake with Clear Counsel Law Group. One question we get a lot in our probate practice is, can an executor of a will or a trustee of a trust unilaterally exclude a beneficiary from receiving their share. This is obviously a big concern if you’re a beneficiary and you feel like the personal representative of an estate or the trustee of a trust is just kind of arbitrarily saying, “Yeah. I know you’re listed in the will, but I don’t like you and I don’t want to give you anything.”

The answer is that’s not allowed. If the individual who left the last will and testament or the individual who wrote the trust leaves a beneficiary something through that document, then the executor or the trustee has to actually comply with those wishes. They can’t just decide on their own not to give that gift. If you are the beneficiary of a trust or a will, and you are concerned that maybe you’re not receiving everything that you’re entitled to, then feel free to give us a call at Clear Counsel Law Group. We’ll sit down with you and review the documents, and review your options.


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