Conflicts with trustees

On Behalf of | Nov 16, 2018 | Trusts |

Georgia residents who are beneficiaries of trusts may have legal recourse if the trustee controlling fund access is uncooperative. It is important that beneficiaries are aware of their rights and of what steps to take if they are encountering difficulties with a trustee.

Beneficiaries are entitled to receive a copy of the trust. Although a trustee may limit the information they provide regarding the provisions that apply to a beneficiary, the beneficiary is still permitted to obtain a copy of the trust document. If a trustee will not provide a beneficiary with a copy of the trust, there are legal options the beneficiary can pursue.

A beneficiary should evaluate the terms of the trust. Misunderstandings over what a trust document actually states or requires lead to many conflicts between beneficiaries and trustees. A beneficiary should not rely on someone else to tell them what their trust states. It is important that they examine the document themselves.

If a trustee is not in full compliance with the terms of a trust, a beneficiary should contact the trustee to relay their concerns. It is not unusual for the issue to be a simple case of confusion that can be resolved by both parties. However, if the trustee refuses to meet, legal help may be necessary.

An estate planning attorney may assist a trust beneficiary who has disputes with a trustee. The attorney may assist with determining exactly with the terms of the trust state and what legal avenues may be pursued to ensure the terms are properly executed.

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