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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.
What else can I help you with?
Can a trustee sue a Beneficiary of a trust?
Since a beneficiary has no fiduciary responsibility to the trustee it is unlikely the trustee would encounter a situation where she would need to sue a beneficiary unless perhaps the beneficiary had stolen or damaged trust property. In that case a suit could be brought in the appropriate court. More common are suits by the beneficiaries against the trustee.
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?
No. The heir has no right to the funds set aside in the special needs trust. A living donor set that trust up with their own property and the heir has no rights to that property whatsoever. The trust is not responsible in any way for a sibling who was disinherited. Parents are allowed to disinherit their adult children.
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?
While you can't sue the trust itself, you CAN sue the grantor (owner) of the trust, because anything that's in the trust is treated as being owned by the grantor. For instance, if you set up a revocable living trust and put all your assets in it, the trust DOES NOT protect your assets from seizure by creditors or judgments, because everything in the trust is still owned by you. The main purpose of a revocable trust is for your heirs to avoid going through probate when you die; otherwise it provides no legal protection for you or your estate. So to answer your question literally, no you can't sue the "trust", but if you're asking can someone seize money in the trust if they sue you and win, then yes, they most certainly can.
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 legally sue a beneficiary in a trust dispute?
Yes, a trustee can legally sue a beneficiary in a trust dispute if there is a valid reason for the lawsuit, such as breach of trust or misconduct by the beneficiary.
Can a trustee sue a Beneficiary of a trust?
Since a beneficiary has no fiduciary responsibility to the trustee it is unlikely the trustee would encounter a situation where she would need to sue a beneficiary unless perhaps the beneficiary had stolen or damaged trust property. In that case a suit could be brought in the appropriate court. More common are suits by the beneficiaries against the trustee.
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.
If trustee of trust is not despensing trust fund what do you do?
sue
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?
No. The heir has no right to the funds set aside in the special needs trust. A living donor set that trust up with their own property and the heir has no rights to that property whatsoever. The trust is not responsible in any way for a sibling who was disinherited. Parents are allowed to disinherit their adult children.
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 a bank lawyer sue the beneficiary?
Yes, a bank lawyer can sue a beneficiary if there are grounds for legal action, such as disputes over the terms of a trust or estate, allegations of fraud, or failure to comply with relevant laws. However, the lawyer must have a valid legal basis for the lawsuit and typically represents the interests of the bank rather than acting on behalf of the beneficiary. It is advisable for beneficiaries to seek their own legal counsel if they are involved in a dispute over a bank's actions.
