Legal Question in Wills and Trusts in Indiana

Re: monies owed from trust

As stated (by a prior response), this trusteee has breached a duty and can be brought to court on this breach of fiduciary duty.

My other suggestion to you , before you hire an attorney and have the attorney file papers in the probate court: you may want to tell this individual that she has breached a fiduciary duty as a trustee, and that you are going to have an attorney file in the probate court, UNLESS she cooperates and gives you the money owed from the trust.

Take care and good luck to you.

Re: monies owed from trust

You would bring suit in your local probate court (or whatever local court your attorney deems is the proper venue for such an action). Your suit is against the trustee of the trust. Since it was a living trust, if the Settlor were the only trustee, then it is likely that the Court would authorize suit directly against the beneficiary.

The terms of the the trust document might be controlling over the time limit to collect, otherwise, I would encourage you to move promptly on this matter, as a two year statute of limitations is rapidly disappearing.

If you do not have your own attorney, you should call your local bar association for a referral to an attorney experienced in probate matters.