What to do if my uncle was named executor of my grandmother’s estate but still hasn’t dispersed funds from a Trust?
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What to do if my uncle was named executor of my grandmother’s estate but still hasn’t dispersed funds from a Trust?
She left my father funds in a Trust that my uncle controls and her Will states once my father passes the funds are to be distributed to his children. My father passed away 5 1/2 months ago and my uncle still hasn’t dispersed funds and will not take calls or respond to emails. I was named as alternate by my grandmother if my uncle was unable to perform the duties. My dad’s account is the only thing left to close. What should or can I do?
Asked on May 7, 2015 under Estate Planning, Ohio
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
I am so sorry for your losses and for the issues that have arisen. You are the beneficiaries of the trust as it is explained here. Thus, you have what is called "standing" to bring a petitoon in the probate proceeding to ask for an accounting or disbursement or removal of your unlce for a breach of fiduciary duty. You as the named alternate can step up to the plate after substitution and close out the estate. Good luck.
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