i can't get the trustee of my father to make any distributions as provided for in his will. what course of act

Question

my father who passed in 1965 put provisions in his trust that called for distributions in times of bad health, bad financial luck, homelessness, education or any other concerns in this area.
I'm 61 and disabled in a foster home in hawaii and still can get no help even though there's a substantial amount of money in the trust which my mothe controls.. she is quite senile and in a home and my 2 brothers and 1 sister refuse to speak to me . I fear they are trying to siphon off the money before my mother dies to leave me with no avenue for reparations...

Answer 1

"i can't get the trustee of my father to make any distributions as provided for in his will. what course of action should I take?"

The quick answer to your question is "File a lawsuit."

But keep in mind, both a Last Will and Testament and a Trust involve two separate legal documents. Once distributions from your father's estate were made in accordance with his will-- such as monies into a trust-- the will no longer governs. The specifics of the trust are now what matter.

If you are a beneficiary of the trust, then you have the legal right to seek specific performance of the provisions of the trust agreement. It's likely that the trust provides for distributions to beneficiaries for their health and education. It's also likely that the trustee has near iron-clad discretion is deciding when to make such distributions. I must admit that I'm curious about the actual trust provisions since without knowing them it's difficult to answer this question.

Your fact pattern makes it appear that your mother is the trustee but that other siblings are actually in control of the trust-- since they are in control of her.

Since it seems unlikely you could pursue this case on your own, you probably need an attorney. And while you usually provide attorneys with objectives and let them pursue the legal matter as they see fit from there, I can tell you what to expect. What an attorney will probably do for you is seek an injunction against the trustee and ask the Court to appoint a new trustee since the current one is incompetent. As there appears to be multiple siblings that might look to gain from the trust, the court would likely find a neutral third party to act as trustee. (But-- as is often the case in Law & Ethics-- that varies by state.) Then, you could ask the new trustee for specific disbursements to cover your health or education expenses (assuming that's what the trust provides for). Of course, your siblings will probably be able to do the same....

[This is not legal advice. You should consult a licensed attorney-at-law for legal advice and representation before making decisions that may affect your legal rights.]

Answer 2

You need to contact an elder law attorney or a trusts and estates attorney. Contact NAELA.ORG for a referral.

Answer 3

Can you have an attorney come visit you in your home? If you can, I would contact one as soon as possible. What they are doing isn't legal, of course, but you are going to need help if you want to force them to do what the will tells them to do.

Answer 4

You didn't mention who the trustee is.. an attorney?? the sister?? I would seek legal advice with an attorney.

Answer 5

PARA NY advice sound very credible to follow up on

Answer 6

Find your self an attorney, QUICKLY

Answer 7

get a lawyer and a judge is all I can suggust

Answer 8

Lawyer and judge.

Answer 9

real estate attorney and wills my freind

Answer 10

i have no idea