What to do if my husband’s greatuncle died 4 years ago and left a Trust but the Trustee is withholding a distribution to one of the beneficiaries?
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What to do if my husband’s greatuncle died 4 years ago and left a Trust but the Trustee is withholding a distribution to one of the beneficiaries?
He had well over a million in assets. My husband’s brothers and sisters all received their portion of the inheritance. However, my husband and I have our issues (marriage problems) with each other and my husband’s mom does not like me. She had power of attorney and handled everything in the trust, including the sale of my husband’s greatuncle’s property. This was a Trust, not a Will, from what I understand. Can she withhold my husband’s money? I know he is listed in the Trust.
Asked on March 26, 2013 under Estate Planning, Michigan
Answers:
Victor Waid / Law Office of Victor Waid
Answered 11 years ago | Contributor
Obtain the services of a probate/litigation attorney to file the necessay petition to compel an accounting of the assets, income and expenses of the trust, provide a copy of the trust to determine who the beneficiaries are, and their respective shares. As to your mother in law exercising a power of attorney after death of trustor, I don't see how, as the power of attorney dies with the maker of the power; she must have been the first trustee after death of the trustor/trustee. and she can be liable for wrongfully withholding your husband's share, if he was entitled to a share.
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