Q: Does my mother have any recourse if the executor of a trust does not distribute the RMD due to the CARES act?
She is a beneficiary of the trust and the RMDs are to be used for her medical and living expenses each year. The executor does not want to distribute the RMD this year but she relies on it for her medical care. Does she have any recourse?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (931) 250-8585
- View Profile
- Answered
A:
It is not possible to answer your question without reviewing the trust instrument. The answer depends on the distribution standard in the trust, and distribution standards vary a great deal from trust to trust.
By the way, the administrator of a trustee is usually called the "trustee". An "executor" is a person who administers a will in a probate case.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
