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I have a check that I am suppose to recieve from my parents estate that is in a trust when I turned 23. The trustee over it is my sister and do not think she is going to give it to me because of bad blood is there a way to go around her to find out if i am still getting it and if there is any money left?

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Attorney answers (4)

Reputation Level 20
Bad blood is not a reason to withhold a distribution from a trust. She must follow the terms of the trust. You should attempt to get a copy of the trust to see what your rights are under its terms. You may want to consider hiring an estate attorney to protect your interests.

Hope this helps.

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Reputation Level 20
You should have received a copy of the trust if you are a beneficiary. The trustee, your sister, must follow the terms of the trust as part of her duty as trustee. To do otherwise is a breach of her duty as the trustee. If she continues to refuse to make distributions, hire a litigator to file a petition with the probate court to remedy the situation.

Any individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency.

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Reputation Level 16
If your sister refuses to hand over the trust money, she will be in violation of her fiduciary obligations as a trustee. She might be liable for damages (a monetary fine) or possibly even criminal charges if she used the funds for herself.

If Minnesota law is like California law, she is required to provide you with annual accountings. I suggest you send her a certified return receipt letter requesting an accounting and also copies of the tax returns she has filed for the trust. If she doesn't provide them to you, consult a local estate planning lawyer to find out how to "compel" an accounting through the Court.

Reputation Level 11
Was this trust set up in a Will or in a trust document that was funded during your parents' lifetimes? If it is a trust that was set up in the Will, you can go to the probate court in the county where the Will was probated and get a copy of the Will. That document will tell you whether or not you are absolutely entitled to the distribution when you turn 23. On the other hand, if the trust was created other than by a Will, you will most likely have to deal with your sister directly to get a copy of the document. If there is bad blood, that might be an ordeal. She may think she has more power than she actually has and you might need to retain an attorney to speak to her for you. In fact, you may need to speak to an attorney to figure out what the Will says (if the trust was set up through the Will).

In either event, make sure you contact an attorney licensed to practice in Minnesota and with good experience.

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