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I am going to court to remove my Aunt as the executor of my Grandmother's will. Is there anyway I can recoup the cost of a lawye

Camden, NJ |

My aunt is the executor of my Grandmother's will. She refuses to let me take a distribution despite the fact that I have reached legal age. I plan to take her to court to have her removed as the executor. Her biggest threat is that she plans to use the money from the trust to fight me. If I win, can I sue for legal expenses?

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Attorney answers 4

Best Answer

It is possible that the court will surcharge your aunt (so that you can recover some or all of your legal fees from your aunt's personal assets) if you can prove that she is improperly withholding your funds. Please retain an experienced lawyer who can review this matter, provide advice on this question and others, and represent your interests. Good luck to you.

This information is presented as a public service. It should not be construed to be formal legal advice nor considered to be the formation of a lawyer/client relationship. I am licensed in Connecticut and New York and my answers are based upon the law in those jurisdictions. My answer to any specific question would likely be different if I were to review a client's file and have the opportunity to interview the client. Accordingly, I strongly urge you to retain an attorney in your jurisdiction with respect to any legal matter.


It is possible as Attorney Pankowski suggests but you will need an attorney to assist you,

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.


Before you file suit against your aunt you need to discuss this a probate/trust attorney. Just because you reached legal age does not mean you can demand a distribution. It all depends on what the trust document says. I typically do not give beneficaries rights in the trusts I draft until they are 25.

If you are entitled to a distribution a letter from your attorney may get her attention.


I agree with the other attorneys who answered. You need an attorney. I work in your area.

This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website:

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