Compel Distributions
Compelling a distribution simply involves forcing the estate trustee or executor to do their job, whether that means paying beneficiaries, dividing property, or covering debts and expenses.
The estate trustee or executor may have unreasonably delayed taking action due to incompetence or laziness. In some cases, they may have stolen money. Whatever the reason, Trust Law Partners will work diligently to move the process forward.
Incompetence:
Advanced age, dementia and other mental incapacities can prevent the trustee or executor from doing the complex things needed to administer an estate. There are a number of ways Trust Law Partners can remedy this. First, we can offer to handle the estate ourselves. Or we can use the courts to force that person into taking action, hiring an attorney to help, or appointing another person to manage the estate.
Laziness:
Some people are just not motivated to care for an estate—especially if doing so does not directly benefit them. Too often, they’ve already received the use of their part of the estate (e.g., living in the house or accessing bank accounts) and are in no rush. Trust Law Partners can accelerate the process. We’ll start by petitioning them to move quicker. Otherwise, we can seek a court order to have them do so, or ask a judge to remove them from the job.
Wrongdoing:
Driven by financial problems, greed or selfishness, trustees or executors may help themselves to estate assets. Once this happens it can be difficult or impossible to give everyone else what’s rightfully theirs. By taking prompt and aggressive action, Trust Law Partners can right these wrongs. We can help preserve the remainder of the estate, enable a fair distribution, seek extra damages from the court, plus ask a judge to remove and/or punish the wrongdoer.
