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The enforcement of trusts

It's not uncommon for a beneficiary to have questions or concerns about trust payments. Beneficiaries in Nevada should understand the trustee's obligations and be aware of what their rights are regarding the proper administration of the trust.

The way in which a trust is established, which involves designating a trustee to serve as a buffer between the beneficiaries and the funds, can make communication difficult. The trustee's duty to make sure that the trust fulfills the intentions of the creator can conflict with the beneficiary's desire to get what they want.

However, in order to avoid any confusion and antagonism, it is important to at least try to make open communication a priority. A simple conversation with the trustee may be able to answer any questions a beneficiary has about the administration of the trust.

There may be a complete lack of awareness on the part of the trustee regarding a beneficiary's concerns about the trust, so any conversation that does occur should not be combative or accusatory. If there are issues that are not resolved or properly addressed by the trustee, there are other avenues a beneficiary can take.

Beneficiaries are typically allowed to have a copy of the trust agreement. They should carefully review the document and ensure that they fully comprehend their rights and the responsibilities of the trustee.

Trusts are legal documents that can be enforced. If a trustee refuses to provide a copy of the trust agreement or there are issues that cannot be resolved, it may be necessary to consult with an attorney. In some cases, it may be necessary for a beneficiary to begin litigation to ensure that their trust is being properly administered.

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