Can the trustee refuse to honor a disclaimer sent via certified mail because they did not answer the door and refused to pick up the package at the post office? Now the trustee is withholding beneficiary payment unless an addition is made to the disclaimer, absolving the trustee of all civil or criminal liability for any misconduct, known or unknown, past or future, with the stipulation that if legal proceedings are pursued the trust payment must be returned to the trustee and all legal fees that come out of those proceedings are paid by me. Is this legal? Is this not an attempt to extort me into making these additions?

Background: All equal share beneficiaries have been paid except the beneficiary resulting from the disclaimer.

Jurisdiction: California/Oregon, United States

Answering Comments:

1) The trustee was not asked to sign. Were they suppose to?

2) No, it is not boilerplates form, if a boilerplate is similar to a template or standardized form.

3) The disclaimer was sent by me and the trustee want me to change the wording and send another version.

  • 1) Do you know if the other trustees were asked to sign the form you were sent? 2) Do you know if this is a boilerplate form? It feels like it, if for no other reason than the idea of you "absolving" them of criminal liability, which you can't do as a normal citizen. 3) Was the original disclaimer sent to you or by you? – sharur Dec 5 at 21:17
  • 1) the trustee was not asked to sign 2) No, it is not boilerplates form if a boilerplate is similar to a template or standard form 3) the disclaimer was sent by me and the trustee want me to change the wording and send another. – MrQs Dec 6 at 1:53

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