Need Help in TN Fast Probate/TRust

[ShaClark]

What is the name of your state? TN
Sorry it is so long.Mother died left B&G siblings executors.B got business G got 200 grand and trust of the following for B2 to be ececuted 2000 a month plus G2 only got 135 grand .B&G got all household & belongings.House to split 4 ways at sale.G1 started trust in bank gave B2 atm card to withdraw his money each month.17 months after trust started paying.B2&G2 were asked to sign off.Neither had their house money.Tey asked for their money and B@ sent notorized certified letter to exectutors asking for accounting of the estate and his funds.G1 stopped trust money put off court date to settle.Their was a attorney hired.He said child support forB2 children had to be paid.Well G1 released that portion of B@ housr money wont start trust money back and refuses to give G2 her house money.Attorney said he would callover 10 days ago and the new hearing date is Feb 11.How can we stop G1&B1 from putting this off again.P.s.Lighter side G1 just had a facelift.PLease hurry and help.Thanks in advance for your help

 

[Dandy Don]

Exactly who hired the attorney? Unless you hired the attorney, how can you expect him to represent your own interests? If you don't already have your own attorney, you need to get your own trust attorney to get honest, objective answers to your questions.
Attorney has no reason to return your calls if he is not representing you.

Does B&G mean boy and girl? Does "B@" actually mean "B2"?

What type of trust is it?

How can you say that the trust money payments have stopped when B2 still has the bank card--has the card been cancelled or taken back or does B2 still have access to the account via ATM?

For how long are the $2,000 monthly payments supposed to be made, according to the trust? Surely they can't continue indefinitely unless it's a large trust.

Seems like the discontinuance of the trust payments is improper and illegal, but we can't make that determination since we can't see the actual language of the trust. You need to be consulting with your trust attorney--if trustee is not making payments in a timely fashion, then this is a breach of trustee duty and you need to file a motion to get her replaced with someone else.

 

[ShaClark]

HElp

Yes we hired the attorney.The trust was initially 200 grand.We have not been able to see trust.We asked to no avail.All the will said was G1 was to see that the amount of 2000 pert month was to be distributed to B2.Yes B@ should have been B2.Sorry for mymistake.This attorney told us she could stop the trust after all the 17 months because probate hadnt closed.TN law says you cant contest a will after 2 years in probate.But how can we keep her from changing this court date again.We want the thhing ovr and done with Please Help Thanks for you response

 

[ShaClark]

HELP

Yes B & G are boy and girl.He still has the atm card but she froze the account when B2& G@ asked for accounting and B2 asked for a copy of the trust papers and accounting.No there has been no trust money allowed out since the freeze she put on the account over 3 months ago.

 

[Dandy Don]

I repeat my question, exactly WHICH SIBLING hired the attorney--was it just one sibling or more than one?

You also need to be asking the trust attorney whether or not a trust beneficiary has the right in Tennessee to request a copy of the trust by sending a certified letter to the trustee.

 

[ShaClark]

Need Help Fast

Attorney is joint venture of B2 & G2.The executors of which the other 2 are non represented.G of the executors is also trustee on this trust.The state of TN requires an accounting to beneficiary every year at the latest.It was started 21 months ago payed for 16 months then G executor froze it when questions were asked.B2 & G2 are paying the attorney and these answers had to come from another attorney.The question I cannot seem to get an answer for is how do we stop executors B & G from posponing this hearing again.The 1 hearing they postponed was a courtset date as to why the estate was still open.How can we stop them in Feb from postponing again.Thanks for any suggestions as we are not getting any from the attorney who wont call back.I know attorneys are busy but isnt saying you will call certain date and not doing so wrong.This attorneyis a former elected person and I wonder .

 

[Dandy Don]

What excuse are they giving in court for the postponement? They obviously know that they are in the wrong, but eventually their excuses are going to wear thin--it shouldn't really matter to you whether postponement occurs or not--you and your attorney need to be reviewing the law to see how you are going to challenge this trustee and bring her non-payment to the attention of the court and figure out who else is going to be trustee if she is replaced.

Why can't you go to this person's office to consult with them in person if they won't answer your questions over the phone?

 

[ShaClark]

Need Help Fast in TN

What excuse are they giving in court for the postponement? They obviously know that they are in the wrong, but eventually their excuses are going to wear thin--it shouldn't really matter to you whether postponement occurs or not--you and your attorney need to be reviewing the law to see how you are going to challenge this trustee and bring her non-payment to the attention of the court and figure out who else is going to be trustee if she is replaced.

Why can't you go to this person's office to consult with them in person if they won't answer your questions over the phone?

 

[ShaClark]

Need Help in TN

G excuse was that she hadnot had time in
22 months to get it all carried out, the will.However 3 weeks before G&B had gotten all their monies and prepared a non itemized signoff without B2&G2 getting the rest of their monies.They didnot sign because they didnt have their money.As for dissolving her from this is something attorney said would have to be done in phase.DO NOT BELIEVE.The attorney tells his sec when toset appointments and she says he is totally booked foe weeks ahead.oubt this also.The substitute trustee that is going to be asked for is the trust department of the bank.This way wrongdoing is insured.However we are in the dark and paying an attorney who has only helped them past contesting time limit and an ex wife to settle back child support.Dec 17.His remark was G was saying it would be here way and he said no it will be his way.Right now looks like his way is her way.We were told that we could petition court to settle but we need to know the name of the document to get.He should have already did this and combined it and allegations andproof of wrongdoing.By the way TN law says she has to give accounting to B2 every no longer than 12 months.That and freezing acting trust puts her in breach of fiduciary law of TN