What to do if I’m a beneficiary of a Trust left by my father but the trustee is withholding my monthly maintenance payments on a whim without reason?

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What to do if I’m a beneficiary of a Trust left by my father but the trustee is withholding my monthly maintenance payments on a whim without reason?

My sister is the trustee. If the trust entitles me to reasonable support, expenses for health and education, is she allowed to withhold my maintenance?

Asked on April 22, 2015 under Estate Planning, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If the provisions of the Trust name a successor trustee or provide for removal of the trustee, and/or appointment of a successor trustee, follow those procedures for removal of the trustee and appointment of a successor.

If the Trust is silent as to removal of the trustee, file a petition with the court seeking removal of the trustee for the breach of the fiduciary duty, and seek to have a successor trustee appointed.

The trustee has breached a fiduciary duty by withholding your maintenance payments without any valid reason.


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