Legal Question in Wills and Trusts in Georgia
My mother was the last surviving parent and she passed away 3 years ago, she had a trust, which she left the three children as beneficiaries. She named two of the children as the succesor trustees or executives as they call themselves. Me being the third child was a missionary at the time out of the country when my siblings talked her into going to an attorney and making them in charge as they said they would take care of everything, this was in 1997. When I returned to the U.S.A. I asked my mother why she named them as in charge on the trust? She said its okay everything is taken care of, it is equally divided between all three of you. She has been gone for three years and none of her assets have been divided and she also has a property which they rented and I have not gotten any income from that as well. My siblings don't answer my phone calls or questions when my brother does answer his phone he tells me nothing. How do I go about receiving some of my portion of the trust? My mother's wishes have not been honored at all.
1 Answer from Attorneys
If your mother had a trust, then the trust terms govern. Read the trust. Unfortunately, if your siblings are refusing to follow the trust then your only choice is to seek their removal as trustees for failing to comply with the trust.
You do not indicate where your mother's trust is located. You need to seek out a probate/trust litigation attorney in the county/state where the trust is administered. Read the trust - it may have a provision in there indicating that it is to be governed by the law of a particular state. That is where you need counself if specified. Failing that, then wherever your mother lived at the time of her death.
Issues you had with your mother in 1997 about naming people as trustees are not relevant. What was done was done. Your issue now is to find out what the trust says and if the trustees are not complying, the lawyer may write a letter on your behalf. If the trustees do not respond to your lawyer. If they still do not respond then your only remedy will be to seek their removal.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
