Does the successor trustee of an irrevocable trust have the right to refuse “beneficiary” request for trust funds?

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Does the successor trustee of an irrevocable trust have the right to refuse “beneficiary” request for trust funds?

My question regards an irrevocable family trust. Do “I” as a “beneficiary” to such family trust have the right of action if the successor trustee and executor is reluctant in their duty to make payment of the trust benefits. This based on the grounds as such being an “unnecessary” and “wasteful” distribution of the trust funds? Also am “I” entitled to a full financial report of where the trust funds are spent at my behest in the “beneficiary” trust account by the successor trustee and executor. And do “I” have the right to a financial report?

Asked on September 27, 2011 under Estate Planning, Missouri

Answers:

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

Answered 10 years ago | Contributor

I hate to throw this back in to your lap but someone needs to read the terms of the trust in accordance with the laws of your state in order to determine the events that must occur for distribution and the basis for distribution.  However, I do believe that the every state has a law that requires that the trustees account for the trust assets, distribution and etc., and file documents accordingly.  The trust also probably files tax returns. In order to assert your rights you need to seek legal counsel.  This will have to be something that you pay for out of your own pocket.  The trustee can respond to an inquiry through the trust attorney and the trust will pay for it.  Good luck.


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