How to get money from a revocable living trust?

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How to get money from a revocable living trust?

My godmother died recently and had a revocable living trust. I believe she left me money. I have not received anything. Is it possible for her husband not to give it to me out of spite. We don’t have the best relationship and I believe he isn’t giving it to me. What steps should I take to find out and get what I’m entitled to without causing too much drama?

Asked on June 8, 2011 under Estate Planning, New York

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your loss and for your situation.  Who is the trustee of the trust?  Is it your Godmother's husband?  Be assured that regardless of who the trustee is, under the law he or she must notify the beneficiaries of the trust.  If the trustee faile to notify the beneficiaries of the trust it is a breach of their fiduciary duty and that could cause them great problems.  Although a trustee has great power under the law he or she does not have the power to exclude your gift under the trust.  I guess he or she could manage to manipulate the assets to your detriment but then again, proof of only specifically excluding you could make one assume that there is a misuse of pwoer and a breach of duty.  I might consider speaking with an attorney and having he or she write a letter.  Good luck. 


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