Wilmington, DE asked in Estate Planning for Delaware

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?

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1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Estate Planning Lawyer
  • Crossville, TN

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.

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