Legal Question in Family Law in Massachusetts
Irrevokable Trust
My grandmother recently pased away and she left her home in an Irrevokable Trust to my mother and her brother, although with the intension that they divide the it equally amongst them & the remain 3 siblings. They do not get along, even when my grandmother was alive. The house was sold and the check in both my mother's name & uncle's name went into a savings account where one cannot withdraw without the other. My uncle wants a bigger share and will not sign to withdraw any money if my mother doesnt go along with his decisions. He's threatened to make her miserable. What are her options at this point? Thank you.
1 Answer from Attorneys
Re: Irrevokable Trust
It would help to be able to see the trust instrument itself, but if your mother and uncle are the trustees and the trust requires them to distribute the proceeds equally, then your uncle is trying to violate his duty under the trust. If the trust allows the trustees to distribute the proceeds as they both see fit, and they must agree, then your mother or any of the other 3 siblings can take the matter to court to have the court order a proper distribution.
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