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Trustee not abiding by trust and not reporting.

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smc635

New member
The trust was created in Maryland but I currently reside In Florida. Hi everyone. A trust was created with me as the beneficiary in March of 2014 when my mother passed away. The purpose of this trust was to provide me with a place to live as well as pay for my healthcare needs. The trustee is refusing to abide by the terms of this trust. I have asked three times for the use of it to purchase a small, $200k or so condo in Miami, where I now live. The trustee made excuses each time with justifications on his part being statements like "my friend bought a condo in Florida and it went down in value". These are obviously excuses and he just does not want to allow me to access my money. I am also disabled and have about $20,000 a year in healthcare expenses that I have been paying cash for, which is depleting the money I need for "retirement". My current rent is about $20k a year and I have now paid almost $80k of my savings paying for a condo the trust was supposed to provide for. Also, the trustee has not been reporting the values of the trust to me, not 1 report in 6 years. Remember, the trust was created in Maryland but I live in Florida now. So my questions are, how can I force the trustee to pay for the housing and healthcare needs the trust was established for? And does he have an obligation to issue me an annual report on the trust, or is that only if I asked for it? For reference, it was a small estate. It was a total of $500k with $300K going to me and $200k going the trust.
 


adjusterjack

Senior Member
how can I force the trustee to pay for the housing and healthcare needs the trust was established for?
Take him to court and have the judge either compel him to distribute funds or be removed.

And does he have an obligation to issue me an annual report on the trust, or is that only if I asked for it?
You'll find the answer to that in the Maryland trust laws, Title 14 or 14.5 or both.

https://law.justia.com/codes/maryland/2018/estates-and-trusts/

And you will certainly need to hire a trust attorney in Maryland to handle this for you.
 

zddoodah

Active Member
The trust was created in Maryland but I currently reside In Florida. Hi everyone. A trust was created with me as the beneficiary in March of 2014 when my mother passed away.
Is this a testamentary trust (i.e., a trust created pursuant to the terms of her will)? Are you the only beneficiary? Who is the trustee (e.g., some other relative)?


So my questions are, how can I force the trustee to pay for the housing and healthcare needs the trust was established for?
By suing.


And does he have an obligation to issue me an annual report on the trust, or is that only if I asked for it?
Section 14.5-813(c)(1) of the Maryland Trust Act states as follows: "On request by a qualified beneficiary, a trustee shall send to the qualified beneficiary annually and at the termination of the trust a report of the trust property, liabilities, receipts, and disbursements, including the source and amount of the compensation of the trustee, a listing of the trust assets, and, if feasible, the respective market values of the trust assets." (emphasis added)
 

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