What happens when beneficiaries of a Trust want property distributed in different ways?

In my mother’s Trust paperwork it states: distribute personal property in equal shares to the Trustor’s beneficiaries as they shall agree. My siblings do not want any personal items. They want the items to be sold and the money go into the trust. I would like to have some personal items that they don’t want. These items total about $500. Do I get the items but have to pay the trust $500?

Asked on March 18, 2015 under Estate Planning, Washington

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

I am so sorry for your loss.  The Trustee is the fiduciary of the trust and a trustee can indeed disagree with disbursement and seek court help in resolving disputes.  It seems to me, though, that is you consent to some of the items being sold and those funds would be split evenly, you could try and negotiate to use the funds you would receive as a set off to those items you wish to have.  As long as they are not extremely undervalued, they can be reasonably valued amongst you.  Good luck.


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