When a loved one sets up a trust, they want to protect you and ensure you receive what’s promised. But when a trustee delays giving the beneficiaries their inheritance without a good reason, it can feel frustrating and confusing. You may wonder: Is there anything I can do? Can I take action?

At The Legacy Lawyers, we know how confusing and frustrating these delays are. Trustees are legally obligated to act in the beneficiaries’ best interests, following the trust’s terms and ensuring assets are distributed as intended. If they aren’t, you don’t have to sit by and wait. Here, we’ll cover your rights, the trustee’s duties, and what steps you can take to protect what’s yours.

The Trustee’s Duty: What They Must Do

A trustee isn’t simply a title—it’s a legally bound role with strict responsibilities. Trustees must handle the trust’s assets carefully, communicate openly, and follow the trust’s terms. This fiduciary duty is not optional. It’s a serious, legal obligation that requires the trustee to act in the best interests of the beneficiaries.

Key Responsibilities of a Trustee

  • Managing and Protecting Trust Assets: Trustees must manage assets wisely, avoiding unnecessary risks and ensuring the trust’s value is protected.
  • Being Transparent: Trustees must keep you informed and provide reports if asked. This lets you know the assets are in good hands.
  • Distributing Assets on Time: Ultimately, a trustee’s role includes distributing assets promptly. Delays should never happen unless there’s a valid reason for delay, like paying debts or taxes.

When a Trustee Breaches Their Duty

A breach of fiduciary duty happens when a trustee fails to handle assets responsibly, keep you informed, or distribute them as promised. If you notice this is happening, you have the right to challenge their actions.

Common Reasons For Delays (and When to Worry)

Trusts can be complex financial instruments, and sometimes delays can be normal. Trustees may need time to settle outstanding debts, pay taxes, or complete necessary paperwork. These steps, though frustrating, help ensure assets are handled correctly.

But when delays go on without clear reasons, it’s natural to worry. Here are signs that delays may be a problem:

  • Lack of Communication: If a trustee doesn’t explain why there’s a delay or stops responding, it may be a red flag.
  • Unnecessary or Unexplained Costs: Trustees must be transparent about any expenses they charge to the trust. If there are repeated charges that seem high, it could signal poor management.
  • Avoiding Questions: A trustee who avoids communication or doesn’t answer your questions about distribution timelines may be delaying on purpose or avoiding accountability.

If these red flags continue, it’s important to think about your next steps. Contact the Legacy Lawyers can help you understand what steps to take if a trustee is delaying unfairly.

Legal Grounds for Suing a Trustee

Suing a trustee is a significant step, but it may be necessary if they aren’t doing their legal duties. Here are some things to consider before filing a lawuit:

Legal action against a trustee is a big decision, but preparing in advance can make the process simpler. Here are some key steps to take before proceeding:

  • Request a Formal Accounting: An accounting is a full report of the trust’s finances. If a trustee won’t provide one, it’s a warning sign.
  • Gather Evidence: Save emails, reports, or any records showing delays or mismanagement. This proof is helpful if you decide to move forward.
  • Consult a Trust Litigation Attorney: Navigating trust disputes are complex. Speaking with a trust litigation attorney can clarify your options and help you decide if suing is best. The Legacy Lawyers’ team can guide you through each step.

What to Expect if You Sue

If you decide to sue a trustee, knowing the potential outcomes can help you make the right choice. Here are a few likely results:

  • Court-Ordered Distribution: A court may order the trustee to release assets, ending delays.
  • Trustee Removal: In serious cases, a court may remove them entirely, appointing a new trustee to carry out asset distribution.
  • Financial Compensation: If the trustee’s actions caused financial harm, you may recover losses. Compensation can cover lost funds due to misuse or risky investments.

Working with an experienced trust litigation attorney can walk you through these processes. The Legacy Lawyers are capable of holding trustees accountable and supporting beneficiaries through this process.

Taking the First Step Toward Your Inheritance

Dealing with an uncooperative trustee can feel overwhelming, especially when it impacts your finances. But as a beneficiary, you have rights and options. If a trustee fails to do their job, you can take action.

At The Legacy Lawyers, we’re dedicated to helping you protect your inheritance and navigate the complexities of trust litigation with confidence. Our team can answer your questions, and guide you through each step. Don’t wait for the problem to resolve itself; reach out today to discuss your situation and let us help you secure the legacy you deserve.