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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.