Abuse of trustee power

[pinkthinker]

What is the name of your state (only U.S. law)? California. Los Angeles County. My brother is cruel, arrogant and ureasonable. He's the trustee of my trust, created by our mother, who died in May 2009. Not only does he not give me enough to live on, but he is trying to use the trust to micromanage me and my life. For the last twelve years, he totally ignored both me and our mother. Before her death, she changed the shares; 2/3 for me and 1/3 for him. This made him very angry, altho he won't admit it. Unfortunately, she did not remove him as one of the trustees. He now has invaded my life using the funds to try to control everything I do. For example, he gives me "gift cards" for specific stores, forcing me to shop there instead of where I need and want to shop. He sends me a gift card for a type of gasoline my mechanic said not to use, instead of the recommended one. He now says that he's going to spend $90,000 to buy a condo and if I refuse to live in it, he'll discontinue my rent payments where I live now. In this area, $90,000 buys only a tiny condo in mediocre condition, in a dangerous neighborhood, where I would be a female living alone. I have tried to reason with him; it's no use. I want him replaced with an impartial court-appointed trustee. QUESTION: How likely is the court to see his actions as an abuse of his trustee powers?What is the name of your state (only U.S. law)?

 

[curb1]

1) How old are you?

2) Have you exhibited irresponsible behavior that would cause his actions?

3) What is the language of the trust concerning distribution of assets?

4) What is the value of your share of the trust?

5) How are the assets of the trust invested?

 

[pinkthinker]

I am 52. Yes, many years ago I had a drug problem but I have been clean for 10 years. My mother stipulated that my share of the trust must be managed by the trustee. My share is about $230,000. $200,000 is in CD's; the rest is liquid.

 

[curb1]

The wording of the trust is important concerning the distribution of the assets. If it is worded vaguely giving him broad powers of distribution it might be difficult (and expensive) to make a change.

Has brother fulfilled his accounting and legal responsibilities to the IRS?

Is there a termination date for the trust? Was your mother concerned that the money last into your old age?

 

[Dandy Don]

Have you been asking for, by certified mail, an annual accounting of the trust from the trustee?

Do you know whether or not the trustee has posted a trustee's bond or does the trust exempt him from that requirement?

Do you know whether the CD's are titled in the name of the trust? Do the trusts have designated beneficiaries if they are not titled in the name of the trust?

Have you received any monetary distributions (in cash or check) from the trust?

What does the language of the trust say about what reasons you are supposed to be receiving distributions (for general health and welfare? medical reasons? living expenses?)

You need to hire your own trust attorney for consultation purposes and he can act as an intermediary to communicate with your unreasonable brother, whether or not he is removed as trustee.

 

[pinkthinker]

I will be asking for an accounting very shortly. So far my brother has not signed for the 2 certified items I mailed him, and I should have received the receipts back in the mail by now. He is not required to be bonded. The 2 CD's belong to the trust. The money can be used for me for the reasons you mentioned plus "maintenance" and "education". All IRS documents were filed on time this year for last year. I have received some money from the trust, but most of it was from the former trustee, my cousin, who resigned for reasons unknown to me. There is no termination date. My mother did not intend for the money to last my lifetime; she knew it would not, and nothing in the trust refers to that. The problem here is not so much the trust itself; it's my brother. He is very vindictive and has always hated me. And now he's really mad because my mother changed the shares in my favor. He's using the trust to get back at me, to punish me. He ignored my mother for the last 12 years of her life, although she had always favored him. He has already pulled out all his share, he doesn't care about our mother, so why else would he refuse to resign unless it's to get back at me? It's not logical or civilized to force oneself on someone when that person has told them to leave them alone. That's all I want, for him to resign, let the court assign someone impartial, and then leave me alone.

 

[mistro]

What is the name of your state (only U.S. law)? California. Los Angeles County. My brother is cruel, arrogant and ureasonable. He's the trustee of my trust, created by our mother, who died in May 2009. Not only does he not give me enough to live on, but he is trying to use the trust to micromanage me and my life. For the last twelve years, he totally ignored both me and our mother. Before her death, she changed the shares; 2/3 for me and 1/3 for him. This made him very angry, altho he won't admit it. Unfortunately, she did not remove him as one of the trustees. He now has invaded my life using the funds to try to control everything I do. For example, he gives me "gift cards" for specific stores, forcing me to shop there instead of where I need and want to shop. He sends me a gift card for a type of gasoline my mechanic said not to use, instead of the recommended one. He now says that he's going to spend $90,000 to buy a condo and if I refuse to live in it, he'll discontinue my rent payments where I live now. In this area, $90,000 buys only a tiny condo in mediocre condition, in a dangerous neighborhood, where I would be a female living alone. I have tried to reason with him; it's no use. I want him replaced with an impartial court-appointed trustee. QUESTION: How likely is the court to see his actions as an abuse of his trustee powers?What is the name of your state (only U.S. law)?

Dear pinkthinker -
Ours is a similar story, seems there are a million out there. All we hear is how wonderful caretakers are, not how bad they can be. But of course they do their nasty deeds in secret, always. Control, sociopaths thrive on it. Would love to hear more about your story. -Jeanette

 

[Antigone*]

Dear pinkthinker -
Ours is a similar story, seems there are a million out there. All we hear is how wonderful caretakers are, not how bad they can be. But of course they do their nasty deeds in secret, always. Control, sociopaths thrive on it. Would love to hear more about your story. -Jeanette

Since this post is from 2010, this poster is long gone. If you have a question please start your own thread, but we frown on necroposting here.