Trustee refuses to pay beneficiaries, what are my options?

UPDATED: Oct 1, 2022

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Trustee refuses to pay beneficiaries, what are my options?

Maryland. Grandmother died, her two children are co-trustees. 4 beneficiaries 2
bloodline grandchildren, 2 other people with no family relation are entitled the
same percentage as per the trust. The two non-lineals want the trust to pay for
taxes and other considerations, making it more than the percentage they are owed.
One of the trustees wants to indulge all their demands, so in effect they get
more money than the 2 lineal beneficiaries, and is refusing to pay out all four

I’m one of the lineal beneficiaries. What are my options here?

Asked on June 29, 2019 under Estate Planning, Maryland


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Beneficiares who are not being paid as per the terms of the trust (so, for example, you) can bring a type of legal action in country courty, typically in what is generally called the "chancery" or "equity" division, for "an accounting": to make the trustees account for their management of the trust and adhere to its terms. The court has the power to make the trustees do or not do certain things, or even to replace trustees. A trusts and estate attorney would be helpful in doing this.

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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