QUESTION
What happens if I was never notified that I was a beneficiary in a trust?
Asked on Dec 20th, 2020 on Estate Planning - Florida
More details to this question:
My grandfather passed away and I was told by my father that a trust was setup for everyone. I was given multiple different stories from everyone, but was able to see thru the clerk of courts website that I was listed as a beneficiary. I was never notified by an attorney or my grandma who was listed as the executrix. Furthermore my mother and father said that I would not receive the funds unless used for one specific purpose which I was strong armed into doing so, and told that I was not allowed to contact my grandma. Was this legal? Can I seek anything from this in terms of additional compensation?
1 ANSWER
2 Awards
Without reviewing the trust document itself, no one can answer this question. In some states a trustee is required to provide an annual accounting to any beneficiary 25 or older. But damages must be shown before a beneficiary who was not notified is entitled to any compensation. "Strong arming" might fall within the category of undue influence but undue influence is extraordinarily difficult to prove. Without reviewing the trust document itself (which if it was available publicly appears to be a trust created by Will), it appears that you are likely entitled to nothing and would spend a great deal in legal fees trying to get it.
Answered on Dec 21st, 2020 at 5:10 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.