Expert Advice When You Need It Most
Trustmy aunt left me as her only beneficiary till i die then the remains of the estate goes to remaining relative. The executor will not release money for me to get my own atty to be sure I am being treated fairly and I am concerned as the estate is over 750,000 and the executor informed me that it is really her estate and that she decides what money I can have do to the way it is written is this right Attorney answers (3)
Reputation Level 11
Answered over 3 years ago.
Residential Real Estate Lawyer in Seattle, WA.
As a beneficiary of the trust, you have certain rights. One is to a copy of the trust document. The other is to be assured that the trustee is acting in a responsible manner and fulfilling her fiduciary duties. If you have not made unreasonable demands and she is already withholding information from you in this manner, I suggest you find an attorney with experience in trust litigation to help you determine what your rights are as a beneficiary and also to ensure that the trustee is acting appropriately and within the law.
Best wishes, Valerie Farris 1 person marked this answer as good
Add comment
Reputation Level 10
Answered over 3 years ago.
Probate Attorney in Scottsdale, AZ.
I am a trust litigation attorney and I run into this scenario repeatedly. Do I understand correctly that the executor (also the trustee of the testamentary trust) is to receive what remains of the trust after you die? In other words, does the executor have a conflict of interest because she is a trustee and also a beneficiary after you die?
At a minimum you have a right to regular accountings and whatever other rights are provided in your Washington state statutes and in the trust document. You do need to meet with a trust litigation attorney. (Not just a civil litigator. And not a plain vanilla probate/trust attorney.) A trust litigation attorney is a fairly rare breed for a variety of reasons. That attorney will help you methodically request fair treatment by the trustee ... by requesting copies of documents and accountings, reviewing the accountings, etc. You and your attorney will be looking at how well the trustee is complying with her fiduciary duties as trustee. This process requires patience. If you can obtain sufficient evidence of a breach of fiduciary duty, you can petition the court to remove the trustee. I have written a little bit about this on my website at http://www.delougherylaw.com/PracticeAreas/Brea.... The court will make findings of fact substantiating its decision of removal. These factual findings become "res judicata" so that if you later seek to obtain an award of damages (such as attorneys fees, lost income, whatever you prove), the findings of breach have already been established. The issue then becomes simply calculating damages. I don't practice in Washington, but I could help you find a probate/trust litigation attorney there. Call me if you want any help at 602-443-4888. Paul Deloughery 1 person marked this answer as good
The fact the executor indicated that "it is really her estate" concerns me. As a trustee, she has a fiduciary duty to uphold the terms of the trust. She may decide what you can have and for what reason, but if and only if the trust document so provides. The first step is to have an attorney review the trust to see exactly where you stand as a beneficiary and what guidelines the trustee has for disbursements.
Trent Kunz www.salmoncreeklawoffices.com (360) 576-5322 1 person marked this answer as good
Related Questions4 Attorney answers: 
Asked by a user in Hercules, CA - over 3 years ago. 3 Attorney answers: 
Asked by a user in Massachusetts - over 3 years ago. 1 Attorney answers: 
Asked by a user in Las Vegas, NV - almost 2 years ago. Find Trusts Lawyers |
