• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

What can I do if my mother refuses to disburse my inheritance?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

BlueBlu

Junior Member
What is the name of your state (only U.S. law)? FL

My father died recently and I found out that he created a trust fund for me when I was a child. The trust requires my mother to disburse the funds to me. My father created this when I was a minor so this is understandable, but now I am an adult and my mother and I are estranged. She refuses to disburse the funds to me. There is no question that the funds are intended for me. Is there a way to circumvent the provisions since she refuses to disburse funds that were intended for me and not her?
 


tranquility

Senior Member
If there is a breach of how the trust is to be run, it is a breach of fiduciary duties by the trustee and you sue her.

However, it is very common to set up such a trust situation where there is a joint trust set up where, on the death of the first party, it is split into two trusts. One a revocable one for the person still living and the other an irrevocable one for people the deceased wants to get his half of the joint trust--eventually. The thing is, the living partner usually gets to use the irrevocable trust during her lifetime and it does not have to be disbursed until she dies.

So, the bottom line is you need to see an attorney who will review the situation and advise.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top