How to get access to Trust proceeds or at least take control of it?

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How to get access to Trust proceeds or at least take control of it?

My godfather passed away when I was a minor, 20 years ago. I know after his Will was probated some money was set aside for me and my sister. Our father put it into an irrevocable trust for either our education or disbursement when we turn 35 and though we’ve asked, he refuses to show us any documentation. I suspect are several breaches of fiduciary duty. Our family has had a great deal of fracture centering around our father due to outrageous behavior onset from very abusive and controlling behavior that is amplified by his admitted and recorded drug and alcohol abuse. He just left another rehab facility and spent have the amount of time he stated he would be there.

Asked on October 16, 2012 under Estate Planning, Georgia

Answers:

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

Answered 8 years ago | Contributor

If you believe that your Father has breached his Fiduciary duty to you and to your sister then you must take legal action against him.  That means that you need to go and speak with an attorney about the matter and bring an action for an accounting.   He may have been obligated to file an accounting every year under your state laws and hopefully he had to post a bond while trustee.  Good luck.


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