Legal Question in Wills and Trusts in Indiana

Hardship Release of Funds from Bank Trustee of Will Trust

Trust established by Grandfather.It was left for benefit of my Grandmother, then my mother, then myself & 2 brothers. All but my brothers now are dead, and Trust is dimimished to $300,000. Will/Trust provides for Bank Trustee to have total discretion in Trust Admin. and dispersal & includes language for distribution in case of great need.In spite of plea, due to dire need, Bank has refused to release my funds, and has actually told us to sue them to force them to do so. We can not afford to do so, and they know this well from all of the documentation we have provided. What can we possibly do. Ref: Delaware County, Indiana


Asked on 6/28/02, 9:19 pm

2 Answers from Attorneys

Jay Pollak The Pollak Law Firm, LLC

Re: Hardship Release of Funds from Bank Trustee of Will Trust

First, its obvious that you need a lawyer. And it would appear that you will have to sue them. There may be something in the trust agreement that is ambiguous and the agreement need court construction. But often in these situations when all the beneficiaries get together and agree on a plan of distribution with the trustee it can work out...but without seeing the trust agreement it is really difficult to really answer your question correctly.

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Answered on 6/28/02, 9:27 pm
Mary Ann Wunder Wunder & Wunder

Re: Hardship Release of Funds from Bank Trustee of Will Trust

If you cannot locate an attorney in your area who will assist you, you can file a petition in the court where grandfather's will was probated (assuming the trust was created under his will) by a letter addressed to the judge asking that the trustee disburse funds for your health, education and welfare. If it was not a testamentary trust, you would have to pay the current filing fee and file a copy of the trust along with your letter and have a summons issued to the trustee in order to have the judge consider the release of funds. Try contacting your local bar association for referral to pauper counsel.

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Answered on 6/28/02, 9:43 pm


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