Back up co-trustee of trust.

[Power99]

What is the name of your state (only U.S. law)? Minnesota
So my father passed away 15 years ago and created a trust for my mother along with my 2 siblings and I. My mother and the CPA at the time were named co-trustees. If one of them were unable to fulfill their duties, I was named as the back up co-trustee. The CPA is now sitting in jail and has had is license taken away. I am guessing that counts as being unable to fulfill his duty as co-trustee. I have not gotten any communication that I am now co-trustee and I think there has been money that has been spent out of the trust. Is there any legal things I should be doing?

 

[tranquility]

What is the name of your state (only U.S. law)? Minnesota
So my father passed away 15 years ago and created a trust for my mother along with my 2 siblings and I. My mother and the CPA at the time were named co-trustees. If one of them were unable to fulfill their duties, I was named as the back up co-trustee. The CPA is now sitting in jail and has had is license taken away. I am guessing that counts as being unable to fulfill his duty as co-trustee. I have not gotten any communication that I am now co-trustee and I think there has been money that has been spent out of the trust. Is there any legal things I should be doing?

There is no "back up co-trustee". There might be a successor trustee that is a co-trustee.

Unless the trust disqualifies the CPA, he is still the trustee. Follow the trust.

 

[Dandy Don]

If you have not yet seen the trust, ask your mother to let you see it. And ask her to consult with a trust attorney to find out for sure whether CPA needs to be replaced or not. And find out if a trustees bond has been posted for this trust.

 

[tranquility]

And find out if a trustees bond has been posted for this trust.

If needed. Most trusts I see exclude such a requirement.