What Should I Do if My Trustee Won't Give Me My Inheritance?

Scott Grossman
Connect with me
Scott Grossman

Maybe it's the heat but in the last two weeks it seems like I've gotten a steady stream of calls from people who are having trouble getting their trustee's to make a distribution to them.  More accurately, the can't get their trustee to give them any part of their inheritance.

There are a number of reasons a trustee won't make a distribution. Probably the most common reason is the trustee doesn't understand the trust. Sometimes a trustee doesn't make the distribution because they're just plain lazy. Even though it's their job, they still don't make distributions even when the trust calls for those distributions.

Some trustees won't make distributions because they've done something wrong and they're hoping to cover it up by not making the distribution. The trustee may have mismanaged trust assets or, in some cases, wrongfully taken trust assets for themselves.

Every case is different, but the one piece of advice I give to every beneficiary who calls me saying they can't get their inheritance is don't wait, do something about it now!  Have the trust reviewed by a trust litigation attorney.  It's unlikely but maybe you are asking for something you aren't supposed to get from the trust.  If the trustee is incompetent then they need to forced to act of they need to removed.  If the trustee is crooked then you need to have your attorney get the distribution and a trust account so you can find out if you have gotten everything you are entitled too.

My trustee will not and I mean WILL NOT let me know anything about the trust.The estate sold a year ago and I know nothing about it,don't even know the amount in the account.This trustee is a cry baby,if you try to contact her,she gets mad and extends everything. God himself can't do anything to help me,not even an attorney can help.I know the rights of the beneficiarys but it does no good with this trustee,she told me the one time I called her,stop bugging me,you'll get it when I say so,don't call me ever again.That was 10 months ago.What right does she have to do that,I'm paying her to screw me blue. Where is the justest?Where is my rights?And by the way my brother the presonal rep.ripped off 40k in a trust fund account and the trustee knew this and did nothing about it,she didn;t even contact me,and he and my sister broke into the estate months ago and ripped off everything worth a dime,I got nothing.My 1/3 share is gone.Its been 2 yrs 5 months when mom dier and its still not over.
by Mark April 28, 2014 at 06:24 PM
If you have a genuine case and right to part of the inheritance and benefits, I believe it is best to consult a good trust litigation attorney. There may be foul play involved, and it does not hurt to go through the terms again to see if you have rightful claims.
by Victoria March 29, 2012 at 02:52 AM
Post a Comment