Problems can arise even with the best-laid plans. This includes irrevocable trusts, which by their nature, cannot be changed once created. However, if you believe that an issue exists with this type of trust that requires trust litigation in a California court, it may just be possible.
You have the same rights as a beneficiary of an irrevocable trust as you do with any other type of trust. The trustee owes you a duty of care to ensure that the trust is properly administered. The trustee must still properly manage the assets on your behalf and in your best interests. If the trustee fails to do so, or uses assets in the trust for personal gain, you may have a case for breach of fiduciary duty.
If you disagree with the provisions of the trust or with the assets placed in the trust, you may be able to challenge the trust. It may be possible to modify the terms of the trust or vacate it all together. The facts in your particular situation will more than likely dictate what potential legal recourse you may have.
Anytime you question the actions of a trustee, the assets in a trust or the trust provisions, it may be a good idea to discuss your concerns with a California attorney with experience in trust litigation and trust administration. Even if you simply need to better understand your rights as a beneficiary, getting the knowledge from someone who knows could put your mind at ease. In addition, it may help you to know what to watch for since many people do not realize that a problem even exists until it has already gone too far.
Source: finance.zacks.com, “Can an Irrevocable Trust Be Sued?”, Steve Lander, Accessed on Feb. 12, 2018