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Trustee is ignoring all terms of my trust

Discussion in 'Estate Administration & Probate Court' started by smc635, Sep 30, 2020.

  1. army judge

    army judge Super Moderator

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    That question might have the best answer had you asked it of your progenitor(s).

    I am unable to speak for anyone but myself.
  2. smc635

    smc635 Law Topic Starter New Member

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    Hi Everyone. My mother passed away in March of 2014 in Maryland. In Maryland, she created a will and a trust upon her passing. The intent of the trust is for me to purchase a home, provide needed medical care, or pay for me to get ongoing education. The trustee has ignored all terms of the trust. I have asked him several times for the annual statement of the trust and he has ignored the request and not provided the statement. I have also been asking him for three years now to release enough funds to allow me to purchase a small condo here in Florida, where I now live. Each time he has refused this request with ridiculous excuses like the value of the condo may go down or stating I lost money in a business I owned 12 years ago. In other words, he just does not want to do it. At this point, I am beginning to question if the money is still in the trust, or if he has filed the required taxes for it. The amount of the trust is about $300,000 if it is still there. I did retain an attorney who wrote a letter asking for everything I Listed above. The trustee ignored the letter. I initially gave the attorney a $7,500 retainer and he said about $2,000 of that was used to draft the letter.. The problem is the attorney is now asking for an additional $10,000 added to the retainer. He also said he may need more later. I like this attorney but am not comfortable with the uncertainty of really having no idea what this will end up costing so I am inclined to hold off for a while. Again, can a trustee just ignore all terms of the trust and Maryland state law which seems to me to require an annual statement of the trust upon request? This has increasing urgency as I recovering from a very serious neurological disease and unable to work s confirmed by several doctors and tests.
  3. adjusterjack

    adjusterjack Super Moderator

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    Obviously he CAN do it because he IS doing it. And will continue to do it until you take him to court.

    As for the lawyer's charge of $2000 to write a letter, that's highway robbery. I suggest you get your $5500 back ASAP and then file a fee dispute:

    Resolution of Fee Disputes in MD | Maryland State Bar Association (MSBA) | Maryland State Bar Association – MSBA

    Next time you hire a lawyer, talk money before giving him any. Hourly rate. How it's applied. How much do certain functions cost. How frequent you get itemized statements. Get the fee agreement in writing.

    Yes, going after the trustee in court could cost you tens of thousands but you don't appear to have much choice.

    ***For the benefit of anybody else reading this here are the prior threads on the topic:

    Trustee is ignoring the will

    Does a trustee have absolute discretion?

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