Legal Question in Wills and Trusts in Arizona

Re: Inheritanting trust fund

If the trust is silent on the matter of the timing of the final distribution, and the trustee refuses to distribute, then you simply file a suit and ask the court to force the distribution.

Re: Inheritanting trust fund

Unless the trust specifies a specific time period, the wind-up of the trust and distribution should be made within a time frame that is reasonable and expeditious. If the trustee fails in his duty, a letter from an attorney representing the beneficiary may help. It also may help to make a simple written inquiry of the trustee as to what his or her intentions are as to the final distribution. There generally needs to be an accounting of the trust unless waived in writing by the beneficiaries, unless the trust specifically addresses that as well.

Present the facts and the trust document to an estate attorney in the state of the trust for a proper and complete opinion. It may be better to try the straightforward approach of dealing with the trustee before filing a court action, which costs more money. If the trustee refuses reasonable requests for information, that may make a better case if you have to go to court. Also, a trustee may make partial distributions and does not have to wait until the bitter end to distribute all the assets at one time.

Best regards,

James D. Jenkins

Re: Inheritanting trust fund

Depends on what the trust says. Trustee should be given instructions in the trust as to what to do. Otherwise you will have to sue the trustee.

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