Ooh, that’s a tricky one. The beneficiary would usually hire a litigation attorney who can try to work with the trustee to change their tune, or take them to court.
You're welcome! Most of the time the remedy is for the beneficiary to bring an action in court against the trustee. It really depends on the situation and the language in the trust.
My father and mother created a trust for me (a male) and my 3 sisters. My father wrote a will naming me as successor trustee if my mother is unwilling. My father died. My mother is saying the trust has a sentence giving her power to appoint. So, my mother is saying she is excluding me from the trust and that I am to receive nothing. Is this true? She will not provide anyone with a copy of the trust.
I’m sorry to hear of your situation. A power of appointment can be used to change beneficiaries; I speak about this in my video “Weird Clauses in Trusts.” For your particular situation, I recommend you hire an attorney in your area to see what your rights are and if you can get a copy of the trust.
@@ellencookman-EstatePlanningSNT Then I wonder what the point is of having a trust. Also, it's an A/B trust. When I went with her to the attorney who wrote the trust for my parents, she asked him each and every time if she could exclude a child, and he said "not from the B portion, no. Just from her A portion." I had know idea she was talking about excluding me. I wish she had told me 20 years ago when my dad died. I would never have spoken to her again. Bottom line is: At 86, she's still a cunt.
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