Skip to main content

Can a lien be placed on distributions from a living trust without a judgementu

Sparks, NV |

I am a beneficiary of a living will established by my parents. My oldest brother is the trustee of the living will. My son is claiming mismanagement of an UGMA account and is trying to file suit against me. Part of my share has been held for over a year and my oldest brother is claiming that my son has a lien on these funds but no formal legal action has been taken to create a lien. Is an unsubstantiated claim of a lien give the trustee legal grounds to withhold my distributions from the living will?

Attorney Answers 3


You probably need to review the Trust to see if the Trustee has discretion to withhold distributions. If you are unsure have legal counsel review the Trust for you.

This response is not intended to create an attorney client relationship. The response is solely intended to answer the question presented. Additional facts and issues are unknown to the responding attorney. Should you still have questions, legal assistance should be sought by making an appointment to meet with an attorney, rather than attempting to resolve the issue via e mail. This response is merely provided to give direction to assist you in the decision of whether you should contact an attorney or not. If this answer is helpful, or is the best answer please mark it accordingly. Good luck.

Mark as helpful

3 lawyers agree


Normally an account held under the Uniform Gift to Minors Act ('UGMA') is held & managed by a bank. If mismanagement is claimed, the assertion should be made against the account holder (the bank) with calculations to show how it was mis-managed. Time to have a 'sit-down' with an Estate Planning attorney in Reno / Sparks. See 'Find-A-Lawyer' at the top of this page.

My answer is based on the limited facts presented. It doesn’t create an attorney-client relationship. Use the ‘Find-A-Lawyer’ search engine at the top of this page and follow proper legal advice.

Mark as helpful

1 lawyer agrees


Generally, a lien can't be filed on trust property without a judgment, however, your question is unclear to me on a couple of points--three questions:

Question #1:
Is your son's UGMA account funded by trust property (or suppose to be)? If so, and IF the trustee has discretion over conflicting claims, then your brother might be able to hold off distributing living trust property. The fact your son intends to file suit against you suggest to me the trustee does not have that discretion, BUT for a clear answer you'd need a trust lawyer to look over the trust document. If you're a named beneficiary and don't have a copy, you are entitled to a copy.

Question #2: Is your son still a minor? If so, he'll need someone to bring suit on his behalf.

Question #3: Are BOTH your parents now deceased? If not, then if one (or both) is living they should also be named trustees and would be able to intervene.

My SUGGESTION is go see a lawyer experience in living trust matters, take a copy of the trust along with you, then get some accurate advice.

Good Luck,
Greg J.

Mark as helpful

1 lawyer agrees

Wills and estates topics

Recommended articles about Wills and estates

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics