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Decision Making

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jgl

Junior Member
What is the name of your state (only U.S. law)?
Colorado
I am a single mother with a 13 yr old son with special needs. I am divorced, and my ex's parents (who are deceased) set up 3 trust funds for my son. My ex is having some mental issues and his brother (the trustee) is not cooperating with giving me any information (twice yearly accountings).
My ex is in contempt on several counts, most having to do with providing medical insurance for my son (which he let lapse) and for not paying his share of medical costs. My ex will not be able to provide for his son, I can see it happening, and I am going back to court for full decision making. My son has medical and developmental disabilities.
What are my chances of getting full decision making regarding my son's trusts, if I can prove that my ex and his brother are not acting in the best interest of the child?What is the name of your state (only U.S. law)?
 


Dandy Don

Senior Member
Have you discussed any of this with your attorney? You need to be consulting with a trust attorney about this. It is very difficult to get a trustee removed but you might be able to do it in this case since there might be sufficient cause. What is his reason for denying your son's valid expenses? Is it out of spite towards you or is there no specific mention in the trust to allow for that particular medical expense? A trustee has a certain amount of discretion legally but if the trust allows for these expenses to be paid it's hard to figure out why he is not doing so.
 

jgl

Junior Member
Thank you for the information.
Actually the trustee (my ex's brother) won't even answer the requests, let alone give a reason. The trusts do allow for medical and educational expenses. I have checked and double checked.

I will be consulting with an attorney. I had an attorney but they had to drop me because I have been unable to pay for my legal fees. In the beginning, the final orders awarded me over $600,000, but I have never received any of it. The house foreclosed, my ex spent over $300,000 in two years. Yes, I believe I have a good case, but it is difficult because it is not fair to an attorney, if there is no money to pay. I plan on discussing the issue with a good trust attorney this next week. The only way that they could be paid though, is if they can figure out a way to force my ex's family to pay for their possible "negligence"? Not sure, but after losing so much money, I am struggling to get back on my feet.
 

Dandy Don

Senior Member
So sorry about this difficult situation. When you do get an attorney, ask him if you need to be asking the trustee to post a trustee's bond to protect the trust beneficiaries interest from possible financial theft, and also ask whether you have the right to request an audit of the trust after you have received the accountings. The fact that the trustee is not cooperating makes me wonder whether he is doing it out of spite against you or whether he has possibly stolen from the trust and doesn't want to be discovered. At the very least you should ask your attorney whether you have the right to also request from the trustee a copy of the most recent bank statement where the trust is held so you can verify whether there is enough money in the account now for valid withdrawals.
 

Dandy Don

Senior Member
Getting him removed might be expensive in legal fees, so hopefully your new attorney will be able to offer suggestions/solutions/compromises to where you can get your money without having to get him removed via a lawsuit. You should know better where you stand after you have gotten the accounting, copy of trust bank account statement, etc. It seems like he would have no valid legal grounds for denying your requests for payment if your requests were proper and in writing.
 

jgl

Junior Member
Thank you for the valuable advice.
I am in the process of talking to a trust/estate attorney.
I hope to make some progress.
 

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