Legal Question in Wills and Trusts in Kentucky

Trusts

My mother left a large trust to me after her death two years ago. My uncle is the trustee. I am only receiving 5% income from this per year. i also should mention I am 50. I have considerable medical expenses because of a chronic illness (which also forced into early retirement 3 years ago) and the trust states that it should be used for the ''reasonable maintenance, education and health of''. I sent my uncle the copies of my medical bills for last year (after insurance it was around 15,000) and he refuses to reimburse me for these. I am now struggling to pay my bills. He also has not provided me with requested documentation on my trust including how much he is being paid. He is family but I am wondering if it is time to hire an attorney.


Asked on 5/30/09, 8:50 am

2 Answers from Attorneys
Brian Halloran Brooking and Halloran, PLLC

Re: Trusts

Short answer: yes. Where there is smoke, there is fire. Your uncle is stonewalling you for a reason, and it smells bad. The trust is yours, not his and he cannot deny you access to the information regarding it's holdings/assets, or what he's getting paid to manage it. Get an attorney and litigate. Good luck.

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Answered on 5/30/09, 12:57 pm
Gregory Napier Troutman & Napier, PLLC

Re: Trusts

I suggest getting a copy of the Trust document and reviewing it with an attorney. Despite the language you quoted, there might be other language at odds with that provision. Having all the facts would help an attorney figure out the best approach and likelihood of success.

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Answered on 6/01/09, 10:30 am


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