If existing assets weren’t placed in the trust as stipulated in trust, can the beneficiaries force the surviving grantor to transer assets to trust?

I have step-parent (survivng grantor), their trust was signed stating all assets were to be entered into the trust (his,hers and theirs) and divided among all children. My Father passed 5 days after trust was signed, I (co-trustee) didn’t have time to get accts transferred to trust. Grantor said they would do it but they haven’t, they kept all assets except residence out of trust, cut off all communication with us. Can step-children as beneficiaries force grantor to comply w trust? Only reason father added grantors step-children to trust was the agreement to put all in trust and divide equal.

Asked on August 14, 2012 under Estate Planning, Missouri


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the written trust that you are writing about specifically states that certain items were to be placed as assets of it and items were not included where the surviving trustor refuses to do so, then the beneficiaries under this trust have legal standing to to file a petition with the local county court house seeking a mandatory injunction where the surviving trustor is ordered to place items left of of the trust into it. I suggest that you consult further with a Wills and trust attorney about the matter you are writing about.

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