In May 2015, my mother passed & my sister was the executor of the estate. The attorney's final letter,November 3,2015, explained all the disbursements. Money remained in the checking account & was to be held until the filing of the trust income tax & any other unexpected expenses. The remaining cash balance was to be awarded to all of us according to their percentage interests. This was to be done in early 2016. We have not received any information re: this money and how it was used nor what remained. My siblings & I live out of state from my mother, & honestly they aren't aware/ didn't remember this portion of this letter. I'm afraid my sister is taking advantage of their naivety & their ignorance about the law & since no one is asking about it, has kept any or all of the remaining monies. I would like to know if she should have informed us & can she be in breach of the will. I believe thaty she doesn't feel she has to inform anyone, as that is how many of the parts of the will have been taken care of fairly. Would appreciate your advice as she has caused me much emotional pain & travel cost when she refused to give me all my agreed upon items. I had to return again.
If the money was being withheld for tax purposes, it's possible taxes haven't been filed yet. The first step would be to reach out to the attorney that sent you the letter to ask about distribution. If they don't have an answer you can meet with an attorney to review the accounts you have received and see if there is any indication of misuse of trust assets. If the trustee didn't follow the rules, you can file a petition to force them to.
I am a Massachusetts attorney and answer questions based on Massachusetts law. The above answer is for educational purposes only and does not create an attorney client relationship or constitute legal advice.
With respect to the "trust," most trusts contain language which allows for a beneficiary to receive a trust "accounting" (annually, semi-annually, quarterly, etc.). Should that request be denied, a beneficiary could always petition the court requesting an "accounting." The same also applies for estates which are being probated. A call to the attorney is typically the first step and least expensive as well as the least time consuming.
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