Legal Question in Wills and Trusts in Arizona
Rights of Children
My ex-husband passed away in 1999 leaving our minor children in my care. I received a call shortly after his passing advising me that he had a trust and the kids were the beneficiaries of the trust. His sister is the trustee. Since then we have had no contact with his family. My son is about to turn 18 and I know he should receive something from the trust at that age. They were both supposed to receive his hunting rifle collection at age 16 and they never did. How can I obtain a copy of the trust and what action should I take in my kids behalf to ensure they get what their Father inteded them to have? Thanks very much.
2 Answers from Attorneys
Re: Rights of Children
You should probably retain counsel, since the trustee has neglected to communicate with you and you infer from your question that your children have received no benefit from the trust whatsoever, to date. An action should be brought in the probate court, with jurisdiction over the trust, to obtain an accounting by the trustee of trust business over the 5 years since the trustee took over and to find out the terms of the trust. If the trustee has violated her fiduciary duties to the beneficiaries of the trust you may seek sanctions and/or the removal of the trustee. The probate court will supervise the administration of the trust by the trustee when someone raises an issue or complaint as you describe.
Re: Rights of Children
I forgot to mention that the probate court is also the place to go with any complaint that the rifle collection was not distributed to the children as directed by the trust agreement or Will. Again, you need to see the trust agreement to know what it provides and to determine if the trustee has failed in her duties.
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