What would it entail to bring a trustee to court if trust is still not released? 18 Answers as of May 05, 2014

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.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Goldsmith & Guymon
Goldsmith & Guymon | Dara Goldsmith
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.
Answer Applies to: Nevada
Replied: 5/5/2014
Minor, Bandonis and Haggerty, P.C.
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
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.
Answer Applies to: Oregon
Replied: 5/5/2014
Edward L. Armstrong, P.C. | Edward L. Armstrong
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.
Answer Applies to: Missouri
Replied: 5/5/2014
Law Offices of Robert Beatson II | Robert Beatson II
A beneficiary of a Trust has the right under MD law to petition for removal of the current Trustee and to question/correct the administration of the Trust and associated accounting and/or tax reports. Available removal grounds may be: breach of trust, Trustee is unfit or unwilling to administer the trust correctly/effectively, Trustee persistently fails to administer the trust correctly/effectively, etc. An action may also exist under MD law for Trustee liability concerning the management of the Trust over time. Further information needs to be developed in connection with the filing of such legal actions. There are a number of fact-specific issues under MD law that need to be carefully worked through concerning the Trust Instrument and the administration of the Trust. An experienced trusts and estates attorney should be able to handle this under MD law.
Answer Applies to: Maryland
Replied: 5/2/2014
Coulter's Law
Coulter's Law | Coulter K. Richardson
You would bring a suit for an accounting, and depending on what the accounting shows, amend the complaint to add a count of breach of fiduciary duty.
Answer Applies to: New Jersey
Replied: 5/2/2014
    Law Office of Pamela Braynon | Pamela Y. Braynon
    It looks as if you would have to take the trust instrument to an attorney familiar with trusts to enforce the trust via a lawsuit.
    Answer Applies to: Florida
    Replied: 5/2/2014
    Law Offices of Charles R. Perry
    Law Offices of Charles R. Perry | Charles R. Perry
    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.
    Answer Applies to: California
    Replied: 5/2/2014
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    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.
    Answer Applies to: California
    Replied: 5/2/2014
    Frederick & Frederick PLC | James P Frederick
    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.
    Answer Applies to: Michigan
    Replied: 5/2/2014
    Law Offices of Robert H. Glorch | Jeffrey R. Gottlieb
    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.
    Answer Applies to: Illinois
    Replied: 5/2/2014
    Law Office of Nathan Wagner
    Law Office of Nathan Wagner | Nathan J. Wagner
    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.
    Answer Applies to: California
    Replied: 5/2/2014
    John Ceci PLLC
    John Ceci PLLC | John Ceci
    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.
    Answer Applies to: Michigan
    Replied: 5/2/2014
    James Law Group
    James Law Group | Christine James
    Specifically you need an attorney to file a petition for accounting and distribution and if appropriate. Surcharge and removal.
    Answer Applies to: California
    Replied: 5/1/2014
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    You'll have to file a petition with the court and have it set for hearing.
    Answer Applies to: California
    Replied: 5/1/2014
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    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.
    Answer Applies to: Nebraska
    Replied: 5/1/2014
    The Center for Elder Law
    The Center for Elder Law | Don Rosenberg
    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.
    Answer Applies to: Michigan
    Replied: 5/1/2014
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    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.
    Answer Applies to: Illinois
    Replied: 5/1/2014
    Danville Law Group | Scott Jordan
    What kind of trust did your mother set-up? Is it a revocable living trust?
    Answer Applies to: California
    Replied: 5/1/2014
Click to View More Answers:
12 3 4 Free Legal QuestionsConnect with a local attorney