How do I dispute a Will that my parents have with a Trustee in charge of the family Trust?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How do I dispute a Will that my parents have with a Trustee in charge of the family Trust?

I feel that the trustee isn’t reading the Will the way my parents wanted it to be distributed to

their 3 girls and 5 grandkids. The it specifies 1/4 to each of the 3 girls and 1/4 to be split between

the 5 grandkids. The trustee reads it as all 8 beneficiary are to receive $15000 each annually.

Asked on April 19, 2019 under Estate Planning, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you correctly indicated what the will states, your reading of it appears to be the right one: the 5 grandchildren would split 1/4, or each get 1/20th, while the three "girls" each get 1/4. That is the logical, reasonable, and hence enforceable reading of what you describe.
The trustee is right in one regard: if you disagree with her reading of the will, you need to bring a legal action in country court seeking a "declaratory" judgment, or court determination, of how the will should be read and enforced, and a court order that the trustee distribute the assets the way court found. And if you are going to do that, you want a lawyer: this kind of a lawsuit is much more complex procedurally than, say, a small claims case, and based on what you write, if 1/8th annual is $15,000, then 1/4 annually would be $30,000--that is, there is $15,000 PER YEAR at stake based on how the court interprets this, and for that much money, it is well worthwhile to hire a lawyer to help you.
 


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption