Lewiston, ME asked in Estate Planning for Massachusetts

Q: My 14 yr old is sole heir of dads estate his gaurdians wont pay her trust what can i do?

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1 Lawyer Answer
David E. Peterson
David E. Peterson
  • Estate Planning Lawyer
  • Burlington, VT
  • Licensed in Massachusetts

A: If your daughter's father is deceased, then any guardianship/conservatorship over him ended upon his death. The only way to access his non-probate assets (basically, anything not held in trust) is to petition the Probate Court to appoint an Executor or Administrator. If he left a trust, then the Trustee of the trust has access to any assets within the trust. However, the Trustee must administer the trust according to its terms. If the trust is supposed to distribute assets to your daughter, and the Trustee refuses, then you can bring an action in the Probate Court to force them to obey the rules of the trust. Of course this is a general answer, and more specific information may dictate the best course of action.

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