Trustee refuses to pay beneficiaries, what are my options?
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Trustee refuses to pay beneficiaries, what are my options?
Maryland. Grandmother died, her two children are co-trustees. 4 beneficiaries 2
bloodline grandchildren, 2 other people with no family relation are entitled the
same percentage as per the trust. The two non-lineals want the trust to pay for
taxes and other considerations, making it more than the percentage they are owed.
One of the trustees wants to indulge all their demands, so in effect they get
more money than the 2 lineal beneficiaries, and is refusing to pay out all four
beneficiaries.
I’m one of the lineal beneficiaries. What are my options here?
Asked on June 29, 2019 under Estate Planning, Maryland
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Beneficiares who are not being paid as per the terms of the trust (so, for example, you) can bring a type of legal action in country courty, typically in what is generally called the "chancery" or "equity" division, for "an accounting": to make the trustees account for their management of the trust and adhere to its terms. The court has the power to make the trustees do or not do certain things, or even to replace trustees. A trusts and estate attorney would be helpful in doing this.
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