QUESTION
I am a beneficiary of a trust, my brother is exectutor.The trust says he has some discretion on how he disburses the assets.I am at his mercy so to sp
Asked on Mar 03rd, 2017 on Trusts and Estates - Maryland
More details to this question:
When the trust was made I was still married but separated. The wording for discretion was for keeping assets from the ex-spouse (I got divorced). My brother is holding to the wording as control. There is no circumstance to hold to the wording. I am not irresponsible, disabled, under age,etc.There is no reason to hold to "if there is any circumstance that needs him to control my disbursement" I think he will rob me blind.
1 ANSWER
Maryellen Sullivan
Hi - See if you can get a copy of the trust agreement, if you don't have it already, and look for any rights granted to beneficiaries. There may be a process for you to remove your brother as trustee. There probably is not a way for you to change the terms of the trust from distributions by discretion of the trustee, but it's worth looking. You also have rights under state law to periodic accountings and court review and/or oversight of his administration of the trust, as well as to remove him if he is not administering the trust in accorance with its terms.
Answered on Mar 13th, 2017 at 12:47 PM