What can I do if the trustee of my mother’s Trust refuses to distribute personal property according to the terms of the Trust?

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What can I do if the trustee of my mother’s Trust refuses to distribute personal property according to the terms of the Trust?

She has signed a document stating that she has taken possession of the property and distributed them to the heirs. What can I do without having to take this to a court? The attorney office that wrote up the documents asked me to sign a statement that I received my share. I did not sign the paper and I have not received my share. The document was signed about 15 months ago.

Asked on May 18, 2014 under Estate Planning, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You should first seek independent counsel to write on your behalf.  Have him or her send a letter to the attorney for the Trustee as to the distribution.  A Trustee also has to file certain fiduciary documents yearly and you should have your attorney take a look at them.  From what you have said there could be a breach of duty here and court may be inevitable.  Good luck.


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