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Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 55720
Experience:  29 years of experience practicing law, including tax and estate planning.
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Thanks again for your help last night regarding the

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Hi Richard. Thanks again for your help last night regarding the will/trust documents. The trustee does not agree that she has to disperse funds and thinks we are reading it wrong. We tried calling the attorney that prepared the will and he won't answer any questions about it. Should we write our own demand letter? We can't afford to hire an attorney.

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!

Good morning. Yes, you can write your own demand letter...you don't need an attorney for that. Then, if the demand letter doesn't work, then proceed with hiring an attorney. Let the trustee know that if it comes to that, you will be asking the court to award attorneys' fees due to the trustee's breach of fiduciary duty.

Customer: replied 1 month ago.
Hi Richard. Sorry, but I have another question. The attorney that drew up the will just told my husband that she is not required to distribute anything, that it is up to her discretion until they are 55. We had already sent her a demand letter. What else can we do?

In that case, I would file a petition with the court to have the court rule. I don't agree that's a proper interpretation of the document.

Customer: replied 1 month ago.
He mentioned something about preservation of principle. I didn't see that anywhere.

As I said, I don't think a court is going to agree with their interpretation of the language. But, if the trustee refuses to comply with your demand and/or refuses to step down, you'll have to file with the court to force the issue.

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