What to do if my uncle was named executor of my grandmother’s estate but still hasn’t dispersed funds from a Trust?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if my uncle was named executor of my grandmother’s estate but still hasn’t dispersed funds from a Trust?

She left my father funds in a Trust that my uncle controls and her Will states once my father passes the funds are to be distributed to his children. My father passed away 5 1/2 months ago and my uncle still hasn’t dispersed funds and will not take calls or respond to emails. I was named as alternate by my grandmother if my uncle was unable to perform the duties. My dad’s account is the only thing left to close. What should or can I do?

Asked on May 7, 2015 under Estate Planning, Ohio

Answers:

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

Answered 5 years ago | Contributor

I am so sorry for your losses and for the issues that have arisen. You are the beneficiaries of the trust as it is explained here. Thus, you have what is called "standing" to bring a petitoon in the probate proceeding to ask for an accounting or disbursement or removal of your unlce for a breach of fiduciary duty.  You as the named alternate can step up to the plate after substitution and close out the estate.  Good luck.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption