Can a trustee be removed?

[Transmission008]

What is the name of your state (only U.S. law)? New Mexico

My sibling is withholding all information regarding our Mother's estate ...

My sibiling has not come forth to provide us with information on where our Mother set up our Family Trust ...

Our Mother passed away several months ago ...

My sibling has been acting as a sole trustee ...

My young nephew is the primary trustee; after extensive research we have documented proof of this, however it does not state where the Family Trust resides ...

It has recently to come our attention, there is a 5 figure tax bill from the IRS in my Mother's name that has been outstanding for 5 years; it remains unresolved ...

My sibiling has had POA since 2004; it expired upon our Mother's death ...

What can we do? Is this a breach of some sort on her part?

 

[tranquility]

See an attorney. There does seem to be problems here. As to if you can correct them, I don't know. But, things get complex quickly. You won't be able to do it on your own.

 

[Transmission008]

What hardcopy information/documents will I need to take to an attorney regarding this matter?

I prefer to gather & organize as much information as possible before an appointment so as to not waste his/her time with far too much talking, etc ...


Thanks Tranquility, I truly needed to be advised that this would best be handled by an attorney. I come from a family that would rather appease our crazy sibling as a means of protection (it never works) ...

 

[tranquility]

There seems more of an issue regarding the time as POA. The trust stuff is very odd as the trustee should have a copy of the trust. I don't know how sister can be doing anything with the trust property without proving up she has a right to do so and don't understand how nephew is the "primary trustee".

Bring in anything you have as to what the legal situation is. You don't have to prove anything to the attorney yet, he just needs to understand what is going on. A specific list of events might be useful. Any copies of the trust would be great. Perhaps a list of the property suspected to be in the trust too.

 

[Transmission008]

I don't know how sister can be doing anything with the trust property without proving up she has a right to do so and don't understand how nephew is the "primary trustee".

1.) Years of FAMILIARITY w/employees at all 6 banks/financial institutions; forging relationships beyond business ...

2.) Established CONFIDENCE & TRUST w/those employees ...

3.) Unaware of our Mother's death leading them to believe the POA was still active ...

4.) Providing business for my Mother's insurance agents & real estate agents ...

It appears this was years of planning. All these people know my sibling, but do not know me; they are very hesitant to help & quite reserved with me ... Why? B/c they do not know me ...

People are open & trusting, as they should be. In general, people are not trained to identify a human predator, much less the various types of predators especially one that is charming, persuasive, disarming & giving; this is my sibling.

I also learned that in the state of NM a safe deposit box can be opened without a court order & also without having to go through the process of being appointed as personal representative. Merely presenting a death certificate or funerary prayer card or obituary including proof as an heir such as a birth certificate or Baptismal certificate was sufficient enough to have our Mother's safe deposit boxes opened.

 

[tranquility]

Most states have such a law. Usually with the stated purpose to find the will. If a box is opened under these circumstances I believe the bank will take an inventory of the contents. (At least in my state.)

Give a death certificate or other proof of mom's death to the banks. As it is, sister may be committing a crime.