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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33708
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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Mom has trust set up by late husband says in will well

Customer Question

mom has trust set up by late husband says in will for her well being mom has alzhiemers my husband and i have been taking care of her last two years two grandchilderan is over trust which stand to inherit it we ask for money for help they refuse
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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Are you asking if you can compel the trustees to disburse trust funds for mother's care?
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Is there some reason why they won't agree to use the trust assets for her care?
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thanks
Barrister
Customer: replied 1 year ago.
they get money left
Expert:  Barrister replied 1 year ago.
Ok, then if they are violating the terms of the trust that state that is is for mother's maintenance, your recourse here is to get a local probate attorney to file a "motion to compel distribution" and force them to appear in front of a probate court judge and explain why they are violating their fiduciary and legal duties as trustees to use trust assets for mother's maintenance and needs.
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Judges don't take very kindly to trustees who act this way and the judge can compel distributions sufficient to care for mother and can even remove trustees and appoint someone else if they continue to breach their legal duties.
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thanks
Barrister

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