QUESTION
What would it entail to bring a trustee to court if trust is still not released?
Asked on May 01st, 2014 on Estate Planning - Illinois
More details to this question:
9/11 trust set up by my mother and she is trustee. First third is to be released at age 25. I'm 26 but there is still no disbursement. Please be specific.
14 ANSWERS
3 Awards
One cannot be specific without knowing if the trust is already subject to the jurisdiction of a court, or is a petition to confirm trustee is needed. I urge you to retain counsel to review the trust, its provisions, make a demand and if necessary file in the ongoing or establish a case, or as otherwise directed by the governing document. Best of luck to you. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on May 05th, 2014 at 5:14 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Petition the court to order the trustee to comply with the trust. Before you do this, ask yourself whether the relationship between you and your mom is irrevocably broken, because it will be after you take her to court. Maybe negotiation would be better.
Answered on May 05th, 2014 at 12:54 PM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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You can always file a suit in equity for an accounting or you can ask the court to compel the trustee to act or both. You will need to retain the services of an attorney and the process could take a considerable amount of time and be quite expensive.
Answered on May 05th, 2014 at 8:14 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Suggest you obtain the services of a probate trust litigation lawyer to assist you in bringing mom into line to comply with the provisions of the trust; the lawyer will file a petition for an accounting.
Answered on May 02nd, 2014 at 3:40 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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It is impossible to be specific without being able to review the trust. It is possible that your inheritance does not start until your mother is deceased, as well. It is also possible, even if it has "vested" that there are valid reasons it has not been paid. Without knowing more facts and reviewing the actual trust, no one can tell you what your rights are.
Answered on May 02nd, 2014 at 3:35 AM
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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Under the facts you describe you'd have to sue your mother. If the terms are clear, a properly written demand letter from an attorney might get the result you want without litigation. Make sure your understanding of the trust is correct before you take action.
Answered on May 02nd, 2014 at 3:34 AM
You could start with a letter the trustee asking the trustee to comply with the terms of the trust. If that request is ignored you would need to file a petition in the probate court asking the court to order the trustee to comply with the terms of the trust.
Answered on May 02nd, 2014 at 3:34 AM
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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You would petition the probate court to compel the trustee to distribute the trust assets and provide an accounting. You might also petition the court to appoint a new trustee. This can be a complicated process, and you would be best served by talking to a local probate lawyer about your situation.
Answered on May 02nd, 2014 at 3:34 AM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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The typical process for compelling a trustee to take a required action is to file a petition to compel that action in the probate division of the superior court where the trust is located. The petition is not simply a form to fill out. It must be drafted by hand, and there are certain allegations that it must contain and procedures that must be followed. Probate petitions in California are carefully scrutinized for these allegations and procedures. Your petition will be blocked until you comply with every single one of them.
Answered on May 02nd, 2014 at 3:33 AM
2 Awards
Specifically you need an attorney to file a petition for accounting and distribution and if appropriate. Surcharge and removal.
Answered on May 01st, 2014 at 7:43 PM
Edwin K. Niles
You'll have to file a petition with the court and have it set for hearing.
Answered on May 01st, 2014 at 7:42 PM
If the trustee won't release the funds per the schedule set up by the trust, you'll need to petition the probate court to enforce the terms of the trust.
Answered on May 01st, 2014 at 7:42 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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Bring a copy of the trust agreement to an attorney for a review of the terms. Is it an irrevocable trust? Is it a grantor trust? Are you the current beneficiary or is your right to distribution contingent on an event, such as your mother's passing? Can the trust be amended by the creator of the trust? If you have a clear right to distribution, a complaint can be filed in the county court where you or your mother reside. The complaint would allege a breach of fiduciary duty by the trustee for failure to abide by the terms of the trust. You may also request an accounting of the trust. The specific facts may allow for other claims such as removal of the trustee and an order to compel a distribution.
Answered on May 01st, 2014 at 7:33 PM
Trusts and Estates Attorney serving Troy, MI
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Barron, Rosenberg, Mayoras & Mayoras, P.C.
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Petition for supervision of trust and/or removal of trustee under Michigan Trust Code undue delay of distribution section of statute. Find yourself an attorney like us who specialize in this area of the law.
Answered on May 01st, 2014 at 7:33 PM