Can one beneficiary hold up the distribution of a Trust?
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Can one beneficiary hold up the distribution of a Trust?
My mother passed over a year ago. There are 4 beneficiaries named on her Trust. All but 1 agreed to close the Trust. We took the Trust to probate to close it. It was granted by a judge. Now we all have to sign release papers to get our portion of the Trust, however there is 1 benficiary who will not sign. Can they hold the funds from the 3 who did sign?
Asked on November 6, 2014 under Estate Planning, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
The other beneficiaries can bring a legal action seeking equitable relief (a court order) requiring the trust to closed and the assets distributed. Equitable relief can be tricky to request (there are certain specific things you must allege and show), so it's advised that the three beneficiaries who'd like to close the trust retain an attorney to help them.
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