Legal Question in Wills and Trusts in Virginia

Trustee issues with disperseing funds

How can I determine if the trustee over my deceased mother's estate is dispersing funds properly? I am 1 of 3 beneficiaries. The trustee has an unincumbered inheritance, and 2 of us have a trust. The trustee will not give us fund information, stock broker names, or even the estate accountant's name. What is my recourse? Both myself and sybling are in our fifties, and the trustee is 42. There are no protocols in the will describing how or when to ask for funds. There is no timeline for the end of the trust. The trustee, who ia also a sybling, has total descretion for dispersement of funds. I want to challange the trust, but don't know if this is possible.


Asked on 3/28/06, 1:00 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Trustee issues with disperseing funds

If the trust was a testamentary instrument(created inside the will), you may have to petition to reopen the probate. If not and the trust was created independently of and prior to the will, the trust instrument itself and its terms would need to be carefully evaluated to determine what recourse a named trust beneficiary such as yourself may have with respect to the issues you've raised.

Either way, it would appear that you should arrange for a consultation with an attorney who is knowledgeable in the area of wills, trusts, and estate matters.

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Answered on 3/30/06, 8:26 am


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