Forum

Notifications
Clear all

Beneficiary Bill of Rights

1 Posts
1 Users
0 Reactions
29 Views
Harold
Posts: 1
Topic starter
(@fhn)
New Member
Joined: 5 months ago

I would like to propose a national Beneficiary Bill of Rights, as you can read below. What do you think? How can we get more approval and attention for this?


Beneficiary Bill of Rights

1. Right to Transparent Accounting
Every beneficiary has the right to receive timely, complete, and understandable accountings from trustees, including all income, expenses, and distributions.

2. Right to Contest Trustee Misconduct
Beneficiaries can challenge breaches of fiduciary duty, including self-dealing, concealment, or misuse of trust assets, in probate court without retaliation.

3. Right to Access Records
Beneficiaries are entitled to inspect and obtain copies of trust documents, financial statements, and related correspondence.

4. Right to Surcharge and Recover Losses
If a trustee or fiduciary causes financial harm, beneficiaries can seek repayment or surcharge to compensate the trust for losses.

5. Right to Legal Representation and Advice
Beneficiaries may hire legal counsel, request court-appointed counsel in certain cases, and access law school clinics or pro bono programs to level the playing field.

6. Right to Object to Fees
Beneficiaries can object to unreasonable trustee or attorney fees that arise from misconduct or unnecessary litigation.

7. Right to Removal of a Trustee
When a trustee demonstrates incompetence, bias, or breach of duty, beneficiaries can petition the court for removal and replacement.

8. Right to Advocate for Reform
Beneficiaries may organize, publish experiences, and lobby for stronger fiduciary accountability laws without fear of retaliation from trustees or their attorneys.

9. Right to Timely Distributions
Trustees must distribute trust assets without unnecessary delay and cannot withhold funds to coerce waivers or settlements.

10. Right to Transparency in Settlements and Negotiations
Beneficiaries have a right to know all offers, communications, and potential conflicts in settlement negotiations involving their trust interest.


 


Share:

Keep updated with other Trust Beneficiaries.

Sign up to receive our newsletter.

We don’t spam! Read our privacy policy for more info.