What is the name of your state (only U.S. law)? Missouri
What kind of burden does a beneficiary have in filing for removal of trustee on basis of breach of fiduciary duty? I'm a paralegal myself, but not very familiar with this type of law and the attorneys I work with are already bleeding me on bills at this point.
Our grandparents left a successful farm to four beneficiaries. My share was inherited after my father died. The trustee did not provide annual reports, as stipulated by the trust. After requesting these multiple times, he still failed to provide a report for my grandmother's trust before her death. His attorney (and the trust attorney) state that they do not have to report on trust assets before her death because she was using her bank account as a personal account at the time. We feel that assets were moved on the day of her death.
He is attempting to sell our real estate by auction soon, so we have an attorney who will file for us and probably file for lis pendens to stop the sale. But how hard is it to get something accomplished on something along this line?
After going through so much turmoil throughout the past year, I don't want to stop until I see every bank account my grandmother had with canceled checks. But figuring out a way to get that is another story. He is using trust assets to pay his attorney, who is assisting him (not us). We don't have a majority to remove him, as his sister is siding with him. The whole thing stinks because I really don't have the capital necessary to litigate. Are there any lawsuit loan companies that will loan on something like this? It's a multi million dollar estate. My share of the land is around $300k, but there is much more involved.
Thanks for any suggestions -