What is Indemnification?

What the trustee may be worried about is an outstanding tax liability or that some creditor may come forward in the future and want to be paid out of the trust funds. If the trustee has already distributed the trust funds, then the trustee wouldn’t be able to pay that creditor. The trustee wants the beneficiary to agree to pay that creditor of the trust, if a creditor comes forward in the future.

There are times when a beneficiary can sign an indemnification and it is perfectly fine. In fact, there are many times, especially when dealing with tax issues involving the Internal Revenue Service.

When the Trustee Wants Beneficiary to Sign a Release

Where you get into problems is when a trustee wants a release. If a trustee says, “I want you to release me of all my duties and obligations so that you can’t come back and sue me later for some mistake I may have made.” I’d be more careful about agreeing to a release.

If you’ve received full disclosure of everything from the trustee, maybe you do want to sign a release. If you haven’t gotten full disclosure from the trustee, under no circumstances should you sign a release. You want to get information to see if the trustee has done his or her job.

That’s a different issue from indemnification. Indemnification is literally just the beneficiary’s agreeing to pay for some expense if something crops up in the future. That’s something you might be willing to sign. You definitely should have it reviewed by a trust and estate lawyer before you sign anything that a trustee presents to you.

At Albertson & Davidson, our California trust and will litigation attorneys handle a wide range of matters involving trusts, wills, and probate. Our compassionate and skilled legal team has recovered more than $250 million in verdicts and settlements for our deserving probate and estate litigation clients.

The information provided on our website and in our videos are for general informational purposes only and does not, and is not intended to, constitute legal advice. You should consult an attorney for advice about your specific legal matter.

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