What to do if my dad passed and there is a Trust for my sister and I but my stepmother won’t release anything until she passes?
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What to do if my dad passed and there is a Trust for my sister and I but my stepmother won’t release anything until she passes?
There are millions of dollars and property at stake.
Asked on February 28, 2014 under Estate Planning, Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
The trust is governed by the terms of the document(s) creating it: if trust funds should be released to your sister and you now, then they must be and your stepmother can't hold them back; but on the other hand, if the trust documents give your stepmother the authority to do this, she can. The key issue then is what the trust says. If you think your stepmother is acting against the terms of the trust, consult with a trusts and estates attorney about your options.
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