Article 1. Trustee's Duties in General - California Probate Code Section 16004.5
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California Laws > Probate Code > Article 1. Trustee's Duties in General - California Probate Code Section 16004.5
16004.5. (a) A trustee may not require a beneficiary to relieve the
trustee of liability as a condition for making a distribution or
payment to, or for the benefit of, the beneficiary, if the
distribution or payment is required by the trust instrument.
(b) This section may not be construed as affecting the trustee's
(1) Maintain a reserve for reasonably anticipated expenses,
including, but not limited to, taxes, debts, trustee and accounting
fees, and costs and expenses of administration.
(2) Seek a voluntary release or discharge of a trustee's liability
from the beneficiary.
(3) Require indemnification against a claim by a person or entity,
other than a beneficiary referred to in subdivision (a), which may
reasonably arise as a result of the distribution.
(4) Withhold any portion of an otherwise required distribution
that is reasonably in dispute.
(5) Seek court or beneficiary approval of an accounting of trust
Last modified: February 16, 2015