How do I make the Trustee of my irrevocable Trust make good on an addendum that was written into the Trust?


The trust states at ages 21, 25, and 35, I could withdrawal certain percentages of the principal for family needs.  At age 25 instead of taking 33% of 1.4 million, I agreed to purchase a home, go on vacation, and buy my now wife wedding ring. In the addendum, it states if I would like to purchase the home that I’m living in now I can have the opportunity to do so for $100,000.  Due to the loss of my uncle, the administrator is now my grandmother and she’s not holding true to the trust. She has taken away all my rights to know what’s going on with the trust. I no longer get statements monthly, so I have no idea where I stand with my money. There are several things that she does that I believe go against the trust and I don’t know what to do about it. I am 28 years old and have never been given anything other than a car when I was 17 years old and this house. We all just verbally agreed to purchase and got an attorney involved. Now she refuses to pay the inheritance tax for me to stay in the home, so I’m facing homelessness with my wife, two children, two animals and my mother. I need help and I don’t know where to turn. 


If your grandmother, as Trustee, is not following the terms of the trust, you have the right as a beneficiary to compel her to do so.  You may also have the right to remove and replace her as Trustee.  If the Trustee is found to be at fault, you can request that the trust pay the legal fee.  You need to meet with an experienced trust and estates attorney.

Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.

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The probate litigation attorneys at the Beliveau Law Group provide legal services for probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.

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