What to do if a trustee has not performed their duties?

My father named me and my son as beneficiaries in his living Will; he died 5 years ago. My brother is the trustee/and also a beneficiary. He has not disbursed anything the Will says to myself. He changed to another bank account and will not speak with me about the Will whatsoever. Please advise me of the name of the civil motion I must file to get this noticed.

Asked on September 11, 2013 under Estate Planning, Washington

Answers:

Nathan Wagner / Law Office of Nathan Wagner

Answered 7 years ago | Contributor

You should sit down with a local probate attorney to discuss your situation. It is difficult to tell from your description whether you are dealing with your father's Will or his trust or both. If it is a Will and a probate case has been opened and your brother was named executor, you can demand an accounting. If it is a Will and probate has not been opened, you can start a probate case and petition to be named executor (since your brother is apparently not doing it). If it is a trust, you can request an accounting from the trustee. 


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