Can one beneficiary hold up the distribution of a Trust?

UPDATED: Nov 6, 2014

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Can one beneficiary hold up the distribution of a Trust?

My mother passed over a year ago. There are 4 beneficiaries named on her Trust. All but 1 agreed to close the Trust. We took the Trust to probate to close it. It was granted by a judge. Now we all have to sign release papers to get our portion of the Trust, however there is 1 benficiary who will not sign. Can they hold the funds from the 3 who did sign?

Asked on November 6, 2014 under Estate Planning, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The other beneficiaries can bring a legal action seeking equitable relief (a court order) requiring the trust to closed and the assets distributed. Equitable relief can be tricky to request (there are certain specific things you must allege and show), so it's advised that the three beneficiaries who'd like to close the trust retain an attorney to help them.

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 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.

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