If you are a beneficiary of a trust or estate, the machinery of receiving your full and intended share may work smoothly. However, there is a chance, that you will need legal representation to assure, protect and safeguard your rights, obtain an accounting for all of the Trustee’s financial activities, compel distribution of income or corpus and insure that the wishes of the Grantor of the Trust or Decedent are carried out.
Sometimes a complicating factor in this process is vague and unclear wording in a Last Will and Testament or in another estate planning document. At other times issues may arise with an Executor or Trustee who may not be fulfilling his or her legal responsibilities and duties.
An Executor or Trustee is required to administer an estate in accordance with certain legal and procedural guidelines. An Executor and Trustee must invest Estate Assets and securities, as a reasonably prudent person would do. Failure to do otherwise may expose the Executor to liability or removal as a fiduciary. S/he is also responsible to keep you informed as to the administration of the estate. In fulfilling his or her fiduciary duties all actions taken are reasonably required to be in the best interests of the beneficiaries. If you are an aggrieved person, it is important to bring such issues before a court as soon as possible, as statutes of limitation apply. This is true in the case of both probate and non-probate estates and trusts.