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


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. 

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.