Q: I'm supposed to receive money each month from my father whom is deceased. How can I start receiving my money?
I have not received my money, my sister and mother won't send it to me. They receive their money and keep mine as well.
My sister was in charged of my father's will/trust. It says that im supposed to get money each month. I'm not sure what exactly it says because I wasn't able to go to the reading and she won't give me any info or the lawyers info.
A: Trustees have fiduciary duties to perform their obligations faithfully. Speak with a local trust litigation attorney immediately. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
A: Unfortunately, if your sister and mother won't cooperate, you'll likely need to get a lawyer to send a demand letter that sets out the legal duties of trustees, which include giving you a copy of the trust. If they still will not cooperate, you'll be forced to file a Petition with the Probate Court. I know that's no one's first choice, but your family may force you into it if they will not voluntarily cooperate. Trustees have personal liability (meaning that, if the court finds the trustee violated the law by not fulfilling their duties, then the trustee will have to pay the fine out of their own pocket -- not from trust money.) Best wishes!
Rebecca Sommer and Gerald Barry Dorfman agree with this answer
A:
Here are some steps you can consider:
Review the will or trust: Request a copy of the will or trust from your sister or seek legal assistance to obtain a copy. Understanding the terms of the document is crucial in determining your rights to the monthly payments.
Communicate with your sister: Reach out to your sister and express your concerns regarding the withheld payments. Request clarification on the terms of the will or trust and ask for an explanation as to why you are not receiving your entitled funds. Maintain a record of all communications for future reference.
Consult with an attorney: If your sister refuses to provide information or cooperate, it may be necessary to consult with an attorney who specializes in estate law. They can review the will or trust, assess your rights, and advise you on the appropriate legal actions to enforce your entitlement to the monthly payments.
Consider mediation or litigation: If discussions with your sister and legal representation do not resolve the issue, you may need to pursue mediation or legal action. Mediation can help facilitate a resolution through negotiation, while litigation involves taking the matter to court. An attorney can guide you on the best course of action based on your specific circumstances.
Keep records: Maintain detailed records of any communication, financial transactions, or actions related to your entitlement to the monthly payments. These records will be valuable in supporting your case and demonstrating the withholding of funds.
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