As the beneficiary of a Trust, what rights do I have?

[CathyCrose]

What is the name of your state? Oregon
I have been needing funds from my Trust for some time now. My brother who was named as Co-Trustee along with the Trust Service that handles the Trust has continually denied my requests for these funds for medical/dental needs as listed as "general maintenance " in the Trust document, and basically, the Service has blamed my brother for not sending me the needed funds, and my brother has blamed the Service. Recently, my brother resigned as Trustee and now just the Trust Service is named as Trustee. I now feel that the service is making excuses after excuses as to why I can not have access to a portion of my trust for these needed services. It has been a month since my brother resigned and every time I call the Service to find out the status of my request, now 6 month old, I get a new excuse. The last being, " We need to find a proper form to fax to your brother for him to notarize his resignation" or "We need you to send us a complete itemization of what the funds are needed for" I've done that already! How long can this process take? I could have found a form faster then it's taken them.. I'm on the verge of experiencing some serious situations because of this lack of action on both of their parts. Is there any thing that I can do legally? Can I choose another Trust Service to administer my Trust Account?

 

[anteater]

You may request that the courts replace the trustee. Be prepared to retain an attorney, spend a good deal of money, have the current trustee fight the action vigorously with trust funds, and have only a so-so chance of succeeding.

130.625 UTC 706. Removal of trustee. (1) The settlor, a cotrustee or a beneficiary may request that a court remove a trustee, or a trustee may be removed by a court on its own motion.

(2) A court may remove a trustee if the court finds:
(a) The trustee has committed a serious breach of trust;
(b) Lack of cooperation among cotrustees substantially impairs the administration of the trust;
(c) Removal of the trustee best serves the interests of the beneficiaries because the trustee is unfit or unwilling, or has persistently failed to administer the trust effectively; or
(d) Removal of the trustee best serves the interests of all of the beneficiaries and:
(A) There has been a substantial change of circumstances or removal has been requested by all of the qualified beneficiaries;
(B) Removal is not inconsistent with a material purpose of the trust; and
(C) A suitable cotrustee or successor trustee is available.

(3) Pending a final decision on a request to remove a trustee, or in lieu of or in addition to removing a trustee, the court may order such appropriate relief under ORS 130.800 (2) as may be necessary to protect the trust property or the interests of the beneficiaries. [2005 c.348 §55]

 

[Dandy Don]

Does the trust language specifically allow/define medical needs and dental needs as being general maintenance, or is that just your interpretation of what general maintenance is? The trustee has to administer the trust very specifically and his interpretation of general maintenance may differ from yours.