0
It depends on the specific circumstances and the applicable laws in the jurisdiction. In some cases, the beneficiary may have a limited time frame to bring a legal action against a trustee, while in other cases the time limit may be longer or shorter than 3 years. It is advisable for the beneficiary to consult with a legal professional to understand their rights and options.
Add your answer:
Earn +20 pts
Can a trustee sue a Beneficiary of a trust?
Yes, a trustee can sue a beneficiary of a trust if there is a breach of trust or if the beneficiary has caused harm to the trust estate. The decision to sue typically requires approval from the trust instrument or court approval in some cases.
Can an heir who is the trustee of his sister's special needs trust sue her trust to get money for another sibling who was written out of the will?
It would depend on the terms of the trust and the laws of the specific jurisdiction. Generally, the trustee has a legal duty to follow the terms of the trust and act in the best interest of the beneficiary. It may be challenging for the trustee to sue the trust to distribute funds to a sibling who was not named as a beneficiary.
Can a personal representative sue a beneficiary for slander?
Yes, a personal representative can sue a beneficiary for slander if the statements made by the beneficiary are false, harmful to the personal representative's reputation, and made with malicious intent. The personal representative would need to prove these elements in court to successfully win a slander case.
Can you sue a revocable living trust?
No, a revocable living trust is considered a private agreement that typically does not involve litigation. Instead, disputes involving a trust are usually addressed through mediation or arbitration. If there are issues with the trust, it may be necessary to seek legal advice on how to resolve them within the parameters of trust law.
How long can a debt collection agency sue you in Ohio?
In Ohio, the statute of limitations for debt collection lawsuits is six years for most types of debts. After this time period has passed, the debt collector cannot legally sue you to collect the debt.
Can a trustee sue a Beneficiary of a trust?
Yes, a trustee can sue a beneficiary of a trust if there is a breach of trust or if the beneficiary has caused harm to the trust estate. The decision to sue typically requires approval from the trust instrument or court approval in some cases.
If trustee of trust is not despensing trust fund what do you do?
sue
Can someone sue a trust?
Yes. If the beneficiary has any reason the believe the trustee is mishandling the trust estate, they should commence an action immediately by requesting a full accounting. If you suspect the trustee is being dishonest or violating the trust in any way you should consult an attorney who can review the situation and explain your options.
How long should a beneficiary of a Trust expect to wait before hearing from the Attorney who is handling the paperwork for the Trust?
Forever. The attorney doesn't represent you. He / she represents the trustee of the trust. The attorney advises the trustee, and probably should advise the trustee to make disclosure to the beneficiaries (unless the trust instrument waives that duty for the trustee). However, the attorney doesn't control the trustee; he / she only advises the trustee. If you want information, you are going to have to ask for it. If you get no response in a reasonable about of time (say 10 days), you may have to demand it and possibly sue for an accounting.
Can trust account be sued?
No. You cannot "sue" an account. You need to sue the trustee of the account. A trustee is the human representative of a trust who can act for the trust and accept service for the trust. It can be a complicated process and you may want to consult with an attorney who can review your situation and explain your options.
What are your rights as a beneficiary of a trust from 1998 the trustee would never give you an accounting?
You should consult with an attorney about filing a petition with the court to compel an accounting. A trustee's actions are governed by law and one of a trustee's responsibilities is to provide an accounting. A trustee who misbehaves is personally liable for any damages or waste of trust assets. However, you have waited a long time and there may be a statute of limitations in effect. You may have a valid claim against the trustee and may be able to sue them personally but you must consult with an attorney ASAP.
How do you find out if an Oklahoma Trust is still in existence?
The first step would be to ask the trustee. If the trustee is not forthcoming, you would need to demand and possible sue for an accounting.
Can irrevocable trust be sued?
You can sue an irrevocable trust in any court as long as the claim is against the trust itself and not the individuals involved in the trust. A trust is considered a legal entity and property owned by it is subject to the trust's debts. The fact that it is a trust as opposed to a person or company makes no difference.
Can a Trustee sue the estate he is a trustee for claiming the decedent was to make him an equal beneficiary?
Generally, an agreement to make a will must be in writing. You would need written evidence signed by the decedent to prevail in such a claim. You should consult with an attorney in your area to determine what, if any, other evidence may be helpful.
Can an heir who is the trustee of his sister's special needs trust sue her trust to get money for another sibling who was written out of the will?
It would depend on the terms of the trust and the laws of the specific jurisdiction. Generally, the trustee has a legal duty to follow the terms of the trust and act in the best interest of the beneficiary. It may be challenging for the trustee to sue the trust to distribute funds to a sibling who was not named as a beneficiary.
Can an incidental beneficiary sue directly to enforce a promisee's promise?
No. Only intended beneficiaries and contract parties can sue for breach of contract.
What can you do if your mom left a house in trust and you get lifetime use of it rent free and when you die it goes to a cancer donation and lawyer has control now but has not paid taxes in 2 years?
#1 If you dont have a copy of the trust , get one #2 Get yourself an atty #3 Petition the court to remove the trust atty from his "control " position which is probably as the trustee of your moms trust and seek to have him disbarred for not paying the taxes if those are his duties, and sue that clown for malfeasance and misfeasance (not doing his job and not doing his job correctly) '
