One of the most significant challenges for Georgia estate trustees is dealing with a beneficiary who is angry or uncooperative. In many cases, this attitude arises from the beneficiary being unhappy about the terms of the trust—even though it is the grantor, not the trustee who controls the terms of the trust.
The beneficiary may be is merely unpleasant or may go as far as accusing you of wrongdoing, or mproperly administering the trust.
What can you do when dealing with an uncooperative beneficiary in Georgia?
Here are 5 tips for trustees who may be dealing with angry or uncooperative beneficiaries:
- Keep Open Communication
- Seek Mediation
- Stay Calm and be Patient
- Document Everything
- Remember Your Duties
1. Keep Open Communication
It’s important to be open and honest with the uncooperative beneficiary. Try to initiate conversations with them and do your best to listen to their concerns, even if their concerns seem unreasonable. Sometimes, making the beneficiary feel “heard” is the best way to get them to be more cooperative.
2. Seek Mediation
Estate laws can be complex and vary from state to state. It’s always a good idea to consult a Georgia estate attorney or litigation firm if you think a dispute will result in lawsuits or probate. Attorneys may be able to set up mediation with uncooperative beneficiaries to prevent further litigation or make sure that your actions are in compliance with local trust laws.
3. Stay Calm and Patient
Dealing with an uncooperative beneficiary can be emotionally draining, but it’s important that you don’t react impulsively to anything the beneficiary says or does, whether through your words or estate actions. This can provoke stronger reactions from the beneficiary and worsen the situation. Do your best to keep a calm demeanor when you’re speaking with them.
4. Document Everything
When you’re dealing with a very contentious situation with beneficiaries, it’s important to keep all records of communication, agreements, and actions you’ve taken regarding estate administration. If there are significant estate disputes or legal proceedings, thorough documentation can help prove that you’ve been transparent and accountable throughout the entire process.
5. Remember Your Duties
Uncooperative beneficiaries may cause you stress and confusion. Remember that your only priority is administering the trust in the way the deceased person intended, and that fulfilling your duties as trustee is more important than the satisfaction of any one beneficiary. If you have a real concern that a beneficiary will file suit against you if you take an action you believe to be appropriate under the trust, you might want to file a petition for declaratory judgment to get Court approval before you act.
Enlist an Estate Attorney in Georgia
Despite your best efforts, you may have to prepare for estate litigation in contentious scenarios. Contact Gaslowitz Frankel for estate litigation in Georgia. Our team of estate experts can help you handle mediation or litigation when you’re dealing with an uncooperative beneficiary so you can successfully fulfill your duties as trustee.
