Legal Question in Wills and Trusts in Alaska

A trust

My aunt passed away in 2002. She appointed me trustee in her trust. I abided by her wishes and fulfilled her trust to a T. In this trust a set amount of $70,000 was left to a cousin. The remainder of her assets were to be split between myself and my two siblings. A friend of hers had passed away and left a trust leaving her $3K. The monies were being controlled by Wells Fargo Bank. After rec'g paperwork from WFB, I sent them a copy of my aunt's Trust. When the $3K was disbursed, they split it between my cousin, myself and my two siblings. Since it was stated that Richard was only to receive a set amount, shouldn't WF have followed her wishes? I sent them a letter in December asking for an explanation, but the woman in charge never replied to my letter. I sent my letter via certified mail and know it was rec'd as I tracked it. I had sent them previous correspondence as well, but NEVER rec'd a reply from anyone. I live in AZ, but the account is in CA where my aunt had lived.


Asked on 2/05/08, 11:41 am

1 Answer from Attorneys
Gloria Meyer Meyer Law Office

Re: A trust

The trustee's job is to take control of the assets and distribute them according to the terms of the trust. Unless you instructed the bank to do otherwise, the bank should have paid the money to you and left it up to you make the proper distribution. The bank will usually prefer not to be in the position of having to interpret the trust. You should demand that the cousin return the overpayment, and if he refuses, you should hire an attorney to assist you.

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Answered on 2/05/08, 1:07 pm


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