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Enforcing Beneficiary Rights

A “beneficiary” is an individual who, by the terms of the governing Trust or Will has a current or future right to receive cash or other assets from a Trust or Estate.

Unfortunately, trustees and executors are not always reliable.

Sometimes, through laziness and neglect, trustees and executors fail to perform their duties to beneficiaries. Most commonly, trustees and executors fail to properly and timely account to beneficiaries for the transactions they have spent trust/estate funds on.

In cases where a reasonable request for an accounting or report has been made and denied, legal action may be needed to compel an accounting.

Seeking to compel an accounting should not be considered a “Trust Contest” or a “Will Contest”. To the contrary, compelling an accounting is actually an effort to ensure that a Trust or Will is faithfully administered according to the intent of the person who created the document and whose assets are being administered.

In many instances, all that is needed to get a trustee or executor “back on track” is a little prodding.

However, cases involved egregious misappropriation of assets by a trustee or executor seem to be on the rise. In such cases, swift and decisive action is needed to preserve the remaining estate assets and to recover assets which have already been misappropriated.

If you are a beneficiary of a trust or estate and believe that the trustee or executor is not properly handling the administration, call us today to schedule a consultation with one of our attorneys.

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