Serving as a trustee is a relatively demanding commitment. A trustee has to oversee the maintenance of trust assets. They must communicate with interested parties and make trust distributions as appropriate to the beneficiaries selected by the trustor. Trustees generally need to set aside their personal feelings and wishes, as they must follow trust instructions.
Trustees hold the position of fiduciary duty, which means they should put the best interests of the beneficiaries above their own wishes. Most people are very earnest in their attempts to fulfill that duty. Unfortunately, there are sometimes issues that arise during trust administration that could raise questions about the trustee’s intentions or conduct.
Even if they manage resources properly and do not misappropriate assets, they may not follow the trustor’s instructions as they should. In some cases, they may refuse to make distributions from the trust as outlined in the trust documents. How can beneficiaries address a scenario in which a trustee refuses to honor the terms established by a trust’s creator?
By requesting probate court intervention
Probate court judges have the authority to take many steps when there are issues with a trust. Judges can undo fraudulent transfers. They can remove a trustee who has failed to uphold their fiduciary duty or who has proven incompetent.
They can also potentially compel a trustee to engage in certain behaviors required by the law or the trust documents. In scenarios where the trust provides for distributions in certain circumstances, the trustee generally has to follow those guidelines.
A refusal to make distributions based on personal feelings is inappropriate. Beneficiaries who can show that the trust has the resources and that the request aligns with the original trust documents can ask the courts to compel the trustee to make certain distributions. A judge can order the trustee to fulfill their responsibilities. If they still fail to do so, then a follow-up hearing may be necessary to replace the trustee.
Trust litigation is often very complex. Navigating the probate court system to compel a trustee to make distributions requires an understanding of the law, prior court rulings and trust documents. Beneficiaries who are frustrated by the conduct of a trustee may need help taking action to secure appropriate distributions from a trust, and that’s okay.