Hinshaw Estate Planning Blog

Thursday, December 29, 2016

The Trustee Won't Distribute My Inheritance!

There are a number of reasons a trustee won't make a distribution.  Probably the most common reason is the trustee doesn't understand the trust.  Sometimes a trustee doesn't make the distribution because they're just plain lazy.  Even though it's their job they still don't make distributions even when the trust calls for those distributions.

Some trustees won't make distributions because they've done something wrong and they're hoping to cover it up by not making the distribution.  The trustee may have mismanaged trust assets or, in some cases, wrongfully taken trust assets for themselves.

Every case is different but the one piece of advice I give to every beneficiary who calls me saying they can't get their inheritance is don't wait, do something about it now!  Have the trust reviewed by a trust litigation attorney.  It's unlikely but maybe you are asking for something you aren't supposed to get from the trust. If the trustee is incompetent then they need to be forced to act or they need to be removed. If the trustee is acting fraudulently then you need to have your attorney get a trust accounting so you can find out if you have received everything to which you are entitled.

Hinshaw Estate Planning is a practice group of Hinshaw, Marsh, Still & Hinshaw and assists clients in matters related to Estate Planning, Asset Protection, Planning for Children, Inheritance Protection, and Estate & Trust Litigation in the areas of Saratoga, San Jose, Los Gatos, Monte Sereno, Campbell, Santa Clara, Sunnyvale, Cupertino, Los Altos, Los Altos Hills, Mountain View, and Palo Alto within Santa Clara County, the areas of Menlo Park, Woodside, Atherton, Portola Valley, San Carlos, and Redwood City within San Mateo County, and the Greater San Francisco Bay Area.

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