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Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 55153
Experience:  29 years of experience practicing law, including tax and estate planning.
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My mother passed oct 8, 16 and made my sister executor. she

Customer Question

my mother passed oct 8, 16 and made my sister executor. she left me 160,000 which I received 1/3 already. she stated that I would get a monthly check to support myself until I died. my sister gave me a check in nov and one in dec. I should have got a monthly ck in both those months and also this month. my sister keeps putting it off, saying all the assets haven't been liquidated but the money was in a trust fund and distributed to e1. she always wants to be in control, but keeps saying she'll look into it but doesn't. I think shes taking my interest and using it for herself. I asked for a copy of the financial statement every month but she doesn't send it. that 100,000 is mine and would like to have the whole thing but the will stated that I would get a check. what do you think I should do to get her moving on my monthly cks
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: the will was made in Arizona but then my sister moved to sc but the funds are in Arizona with a broker
JA: What documents or supporting evidence do you have?
Customer: a will
JA: Anything else you want the lawyer to know before I connect you?
Customer: I am always thinking of things but right now that's it I guess
Submitted: 5 months ago.
Category: Estate Law
Expert:  Richard replied 5 months ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 5 months ago.

You absolutely have rights here against your sister and her actions. The trust and its assets are not the personal piggy bank of your sister just because she's the trustee. Rather, the trustee is obligated to timely administer the trust specifically pursuant to the terms of the trust. In addition, the trustee’s fiduciary duty to each beneficiary requires that the trustee provide each beneficiary a full inventory of trust assets and periodic accounting of every dime in and out of the trust. Failure to do so is a breach of the trustee’s fiduciary duty to the grantor of the trust and to the beneficiaries. Such a breach gives the beneficiaries cause to ask the trustee to resign and if the trustee refuses to do so, gives the beneficiaries the right to file a petition with the family court asking the court to order the trustee removed. And, if there has been any misappropriation of trust assets, the beneficiaries can also ask the court to award actual and punitive damages against the trustee.

n your situation, I would put her on written notice by certified letter of the foregoing and let her know if she does not satisfy her fiduciary duty to you as a beneficiary in the administration of the estate/trust, you will be filing the petition with the court to have her removed as trustee and be asking the court to order an audit of the estate/trust.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars J). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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