Help with Trust advice please?

[zapthis]

What is the name of your state? Texas

When my dad passed away he left everything tied up in a trust document and a corporation. My brother and are co trusts and benificieries. My brother has excluded me from details and desicions. I did sign a document to agree that my brother draw income fromt he corporation. I expected we would divide the corportion earlier, but has been drawn out now for 2 years. My mother does not take up for me and has my brother administering her affairs. I am lmost excluded fromt he family personally and finacially. What can I do or can I do anything to receive funds? I want just to split it and go on with my life, but my brother has taking complete control. Please any help is much appreciated. God bless

 

[Dandy Don]

You need to take the trust to a trust attorney to evaluate when and how you should be receiving income from that.

And you can ask him if he knows a business law attorney who can help you evaltuate the document you signed and the corporation information to see when and if you should be receiving money from that and also asking your brother to produce accounting statements for the company. If he can't provide a referral for a business law attorney, find one on your own.

DANDY DON IN OKLAHOMA ([email protected])

 

[zapthis]

Thank you

Thank you for your comment. Actually, this Mother on my step side that is having this trouble with her brother.

She has talked to an attorney with in that county, but he seems to be on his side. Her brother has changed allot since her Dad has passed.

The document was signed in good faith and great trust he would do the right thing. But he has not since the Corporation was theirs. He manipulated the situation her trust and love for him he was going to do the right thing. He did take advantage of the situation for his selfish reasons only.

He also pays himself 3000 dollars a month to take care of the corporation, plus he charges her mother 2000 dollars just to help her with her living duties. We are now worried there will be nothing by the time we get this al resolved. But, I do know taxes are being hidden by him. She has not seen one penny and he will not release a dime to her becasue he wants restituion paid to him and he always uses theis document signed. This document should not even hold water you can say. He used it to manipulate and used it for his own criminal gain.

She does not want any part of this Corp and wants it split down the middle like her Dad
want it too.

Could someone advice us on a good attorney that is reasonable in cost? She has just spent 7500 for her son's defense on something entirely diff, most of her finances are going until she can do something with this rust and Corp.

Thank you!

 

[Dandy Don]

You or your mother need to be talking to up to 5 attorneys until you find one whose fee is reasonable.

You need to be asking a trust attorney if brother has committed breach of fiduciary duty by overcharging the trust for his services and for the homecare services and by leaving you out of decisions. There may be something you can do to get him discharged or ask mother to redraft the trust to name only you or a qualified attorney as the sole trustee.

DANDY DON IN OKLAHOMA ([email protected])

 

[zapthis]

Thank you so much for the information

Thank you you so much Dan for the information you provided. This is exaclty what he is doing. I will let you know what happens.

God Bless