Welcome. I have to share some horror stories. Today, we’re talking about every beneficiary’s worst nightmare. That is dealing with a trustee who refuses to do the right thing.
Trustee not paying beneficiaries
A trustee can refuse to pay a beneficiary if the trust allows them to do so. They may be able to pursue a lawsuit for breach of fiduciary duty, petition to instruct the trustee to make the requested distribution or petition the court to have the trustee removed.
Can the trustee refuse to give an accounting to the beneficiary?
If you are a beneficiary of a trust and you’re entitled to receive money out of that trust, the trustee is supposed to follow the terms of the trust. The trustee is supposed to give you your money, especially if it’s an outright distribution. If the trust terms say that you’re supposed to receive a gift outright, then the trustee is supposed to give you that money. The trustee is not supposed to hold on to the money indefinitely. The trustee is not supposed to refuse to give you any accounting information or financial information. They’re not supposed to refuse to talk to you. They can’t do that.
Yet, many beneficiaries out there are dealing with these horror stories. It happens every day. We get called hundreds of times every month about people who are dealing with their own version of this horror story. There is something you can do. Unfortunately, it’s going to require you to go to court. But, if you go to court and you stand up for your rights, I guarantee you that a judge is not going to let a trustee get away with doing the wrong thing, especially if it’s in violation of the trust terms.
How to put an end to these conflicts of interest
You have the ability, as a beneficiary, to put an end to your own beneficiary horror story by filing a petition in court and asking the judge to order the trustee to do the right thing. That ultimately is what is going to happen in your case. When it comes to the right to a fair trial, that’s the right of the beneficiary. And if the trustee does not respond, then your case is over. If you have a case and the trustee does respond, then you can ask the judge to order the trustee to do the right thing. And if you go to court and the trustee does not do the right thing, then the judge is going to hold the trustee in contempt.
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Albertson & Davidson is here to help YOU fight for YOUR inheritance. Check out Aldavlaw.com for a complete library of helpful legal videos and articles from your favorite California Trust & Will Litigation Law Firm, Albertson & Davison, LLP.
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