Legal Question in Wills and Trusts in North Carolina

Who is "he?

You ask if "it" is legal. That is not a good question. Unless its prohibited by a criminal statute its "legal."

Is it in compliance with the law? Who knows? What kind of document created the "trust fund?" Was it a revocable living trust created by your father or a trust that was set forth in your father's will and which only was created at death? How was the trust funded? With what? Where did your father live at the time of his death (where you and your brother live now is irrelevant)? What law would govern the trust? When did your father die?

Assuming that your father lived in NC and created a revocable living trust or a testamentary trust in his will and that the trust would be governed by NC law, NC has a trust code as do most states. The NC trust code requires the trustee to give a copy of the trust to the named beneficiary as well as regular accountings, at least annually. The trust instrument may also spell out how often the trustee has to provide accountings.

If the trustee does not follow the law, then the trustee can be compelled in a legal action to provide the information. If the trustee is not doing his job, the trustee also can be removed.

How do you know that a trust was established for your children? What did the trust say about the trustee disbursing monies? It depends on how the trust was written as to whether an disbursement was required. For example, the trust could say that all trust monies will be held in trust until beneficiary reaches age 25. In that case, interest is added to the principal but no funds are disbursed until the stated condition is met.

You are going to need an estate & trust litigation lawyer who practices in the county/state where the trust was created or the state which governs the trust. The attorney can get a copy of the trust document for you if you do not have it and can review it and tell you whether the trustee has acted properly or not.