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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116727
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have a trust that my grandfather left that The trustees

Customer Question

I have a trust that my grandfather left that The trustees decided I
would not get any benefit because they felt I had other resources and my
sister did not.I was counting on that in my retirement and was use to it.
For years I have not gotten any benefits. They say it is discretionary and
they do not have to be fair. I am so mad about them.
Submitted: 1 year ago.
Category: Legal
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.
Legally the trustee has discretion in operation of the trust within the terms written into the trust. So in order to know if the trustees are acting properly, the trust needs to be reviewed to see what those terms are. If the trustees are acting outside of the terms written in the trust, they would be violating their fiduciary duty and you could take them to court and seek to have them removed as trustees and/or force them to comply with the terms of the trust.
However, if the trust says they have complete discretion on the distribution of the trust you would not be able to fight them over getting distributions because the trust itself is the contract they have to follow and you are bound by.