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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 116816
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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I am the beneficiary of a trust fund. My lawyer who is the

Customer Question

I am the beneficiary of a trust fund. My lawyer who is the trustee should have dissolved the trust on my birthday which was august 2nd 2015. He has done nothing.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If the trust calls for dissolution upon your birthday, the lawyer has to follow the directions of the trust in a reasonable time. Reasonable is deemed to be 30-60 days from the event occurring that is grounds for dissolution of the trust, because there must be a winding up and final accounting done. You need to write your attorney a letter informing him that as trustee he has a duty to dissolve the trust in accordance with the terms of the trust and his failure to do so or begin action to wind up the trust would be a breach of his fiduciary duty and ask him to comply with the terms of the trust.

If he refuses, then you would have no choice but to sue in court for breach of fiduciary duty and potentially malpractice for his negligence in following the requirements of the trust.