What if any is a recourse to trustee for giving items to named disinherited in the trust?


The trustee bent over backwards to get personal property for 4 disinherited people named in the trust… they were not to receive anything but $1. Each. She disregarded beneficiaries and made sure these people got everything they asked for. Trustee wouldn’t listen to anyone and did what she wanted.


You may file a claim against the Trustee and the disinherited beneficiaries to retrieve the items. This is an expensive process, so you need to also be practical. Usually, tangible personal property has a lot of personal significance but a low monetary value. While you file suit, the trustee will most likely first hide behind the trust’s indemnity clause and begin paying legal costs to defend herself out of the trust assets. The court may or may not find that the trustee’s actions don’t qualify for the indemnity. Until that time, you are paying your own legal fees yourself. I have seen families pay $50,000 to fight over a ring that cost $5,000 because of the emotional attachment to the ring. The fight may be worth it to you, but you need to walk into it with your eyes open to the cost, monetarily and emotionally. Family members suing each other may irreparably splinter the family.

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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 estate administration 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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