Trustee refusing to Execute trust

[smc635]

Maryland? Hi everyone. When my mother passed away in 2014 she had an irrevocable trust created for me. The trust was set up to allow me to purchase real estate, pay for my healthcare, or pay for ongoing education. I am chronically ill with a life-threatening medical condition. I began asking the trustee for access to these funds to purchase a small condo in 2017. The trustee ignored me and made laughable excuses to not give it to me. Then I tore 3 rotator cuff muscles in 2018 and needed surgery. I again asked for access to the trust which was again denied. So I retained an excellent attorney about a year ago. The attorney negotiated with the trustee and the trustee eventually agreed to turn 100% of the trust to me no later than August 18, 2021. He did not do this despite signing and notarizing an agreement stating he would on July 30, 2021. The trustee is an accountant. I realize it is not a focus but I am wondering if I can file a professional ethics complaint against him? Again, he is an accountant in the state of Maryland

 

[adjusterjack]

I am wondering if I can file a professional ethics complaint against him?

I don't doubt that you are capable of doing that. It isn't going to get you any money any time soon.

Hire the lawyer again and file suit. A court order is what you need.

 

[smc635]

Part of the agreement we both signed is that I agreed not to sue him. My attorney says I can file a complaint, however.

 

[adjusterjack]

Part of the agreement we both signed is that I agreed not to sue him.

Take another look. You agreed not to sue if he agreed to release the trust funds. He breached the agreement. You are no longer obliged not to sue.

My attorney says I can file a complaint, however.

I suggest you talk to some other attorneys.

 

[zddoodah]

I am wondering if I can file a professional ethics complaint against him?

Sure you can.

 

[smc635]

Thank you. This guy is a total scumbag. In addition to not releasing the trust as required, he is withholding 10% of it to pay taxes, but there are no taxes as nothing was ever sold.

 

[TrustUser]

if the trust was well written, there should be a clause in the trust that indemnifies the trustee from personal attack. are there any property taxes to pay ?