Legal Question in Wills and Trusts in Georgia

If someone is not paying out trust funds as set out in the trust, can you take legal action against them?


Asked on 11/22/11, 8:59 am

3 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

There is no way to answer your question. Lawsuits are not analyzed on one vague sentence. All of the documents as well as all of the facts are necessary. You will need to take the documents to a lawyer who handles this type of case.

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Answered on 11/22/11, 10:04 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

There's no way to answer your question since you gave no details. To answe a question about a trust, a lawyer would need to read it and know what it says.

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Answered on 11/22/11, 10:09 am

It depends. The starting place is the trust language itself. Some trusts are written in such a way as to give the trustee complete discretion as to whether to pay out or not. So you have to read the trust and pay attention to use of the words "may" or "shall." Use of "shall" as in "the Trustee shall pay" means the trustee has to do it. Use of "may" as in "the trustee may, in his/her sole discretion pay" means that the trustee can do it if other circumstances suggest but the trustee does not have to pay out.

So you need to read the trust and if its not clear, then pay a trust litigation attorney in the county/state where the trust was created or governed by the laws of a particular state to review the trust for you. If it is determined that the trustee must pay money to a beneficiary and is not fulfilling the duties imposed by the trust then yes, the trustee can be removed. In such case, see who would be named as the successor trustee if you are successful. You don't want to go from one bad choice to another. It may be that a letter from a lawyer will get the trustee moving.

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Answered on 11/22/11, 12:39 pm


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