Petition for emergency suspension

[mohaabtsh40]

i get the feeling from some of the replies here that i must have came off as giving false information. It seems i am being challenged as to the truth of what i have posted. I am not a professional writer or communicator so i apologize for this, but it is not my intent. I have re-read the notice i have and it say that feb 10th is the day and time the attorney for the petitioning sister is going to call to set a hearing. I dont know if that means the hearing will be held right then or at a later time. I have been here on this site to try to get information about how all this works and what i should expect to happen. Also what ever i can do to prevent this from going against the wishes of my parents and keeping it out of court. The three trustees obviously have disagreements, but of the accusations in the petition, none are true. The filing of this petition results in attorney fees, and most likely travel expenses, which maybe more of a threat to the assets in the trust than anything else ever was. If obtaining an attorney for myself without funds from the trust, then i am totally going to have to face this without representation, so i definitely need advice.

 

[OHRoadwarrior]

Then the Trustees can appear in court, tell their side and ask third sister if she wishes to withdraw the charge, have a new Trustee appointed by the court which will eat up most of the estate or leave things as they are until the bank repossess the home.

 

[mohaabtsh40]

The sister is under the impression that this is going to make it so that we just sit back and wait for a check, she doesnt seem to understand the costs it will be. And are you saying the new trustee will not sell the house?

 

[OHRoadwarrior]

They likely will, however they will also bill the estate by the hour with a minimum binder ans costing several thousand dollars.

 

[mohaabtsh40]

Does her living in the house give ground for her removal for self dealing conversion of trust assets, or is there a reasonable amount of time she has to move or pay rent? Her being there is not for her sole benefit as she was having estimates for paint and also preparing the house for the market. But i am only asking if her being there will automatically mean that there is a violation of fiduciary duties as trustee. even if she is willing to pay the rent or move in a reasonable amount of time?
And what is considered to be reasonable amount of time? becuae this allegation only came 17 days after my mom passed, even though the petitioner previously said she should have untill march 1st to get the house ready for market.

 

[OHRoadwarrior]

These issues should be negotiated at the hearing. As I said, I suspect the judge will entertain anything reasonable that all agree to, including rescheduling a follow up status hearing for 4 month away. One thing you might consider is getting an appraisal and 2 of you buying out 3rd sister immediately since fast cash seems to be her goal.

 

[mohaabtsh40]

Yea the hearing is set for March 30th. The petitioner will not even discuss a stipulation, settlement, or anything. When asked what she is hoping to get when its over and she refuses to say what she wants out of this.

Ok, I need to file a motion to allow me to appear by phone, because i cannot afford legal help, or to travel halfway across the country. So how do i do that? Is it a form, or template that i can download?

and i still need some advise on how approach getting the petition squashed, and perhaps removing her, (petitioner), based on contempt, and also being guilty of the things she was accusing us of, delaying us from administering the trust, and causing undue stress, financially, physically, and so on

 

[anteater]

Ok, I need to file a motion to allow me to appear by phone, because i cannot afford legal help, or to travel halfway across the country. So how do i do that? Is it a form, or template that i can download?

Call. The. Court. And. Ask.

and i still need some advise on how approach getting the petition squashed, and perhaps removing her, (petitioner), based on contempt, and also being guilty of the things she was accusing us of, delaying us from administering the trust, and causing undue stress, financially, physically, and so on

Retain. An. Attorney.

 

[mohaabtsh40]

i cant. I have no money, and the trust really is not large enough, that is why i am here asking for advice. In fact, attorneys have declined to represent me based on the fact it will cost more for that, then is even available. If we win on just the issue that the petitioner pays the legal fees, then she is already (most likely) going to end up owing more then she is getting. One of them even told the good sister that she was organized and her printed emails/texts along with her records of what she was doing will be enough, but that is her. I dont know what I need to have, since i really was telling them both to stop fighting, rather than conspiring with anyone.

 

[mohaabtsh40]

Here i have a real good question right now. The family trust has a section as follows:

7. Provisions for heirs.

If any beneficiary under this document in any manner, directly or indirectly, contests or attacks this document or any of its provisions, any share or interest in this trust given to that contesting beneficiary under this document is revoked and must be disposed of as if that contesting beneficiary had predeceased the trustors.

Does that mean that my evil sister has effectively just turned the trust over to me and my good sister? Well also knowing that one of the other parts says we are to keep this out of probate court without a 2/3's vote.

 

[anteater]

What provision of the trust is the evil sister contesting or attacking?

 

[mohaabtsh40]

the way i see it she wanted a neutral trustee, so she fabricated stories to claim an emergency order was needed.
She repeatedly said she was doing this because we need a neutral trustee. (but we didn't) I think she is in contempt for using an emergency order when no real emergency existed. the fact that the trust appoints the three of us as co-trustees but she alone felt that needed to be changed is what i think may be the thing she is contesting?? The will also says something about doing everything possible to stay out of court, which by doing this only 17 days after my mom passed cannot possibly be any effort at all to stay out of court however im not sure if the will is considered to be a provision or part of the trust document. She also claimed the a safe deposit box and its contents solely belong to her, which i think items in the box are in the trust, and that confuses me too, because the box was her and moms name but mom passed but has this trust that says all her accounts become part of the trust. the bank says otherwise.

 

[mohaabtsh40]

oh but in the mean time the so called "neutral trustee", can do w/e she wants with the trust assets?

 

[OHRoadwarrior]

It appears she attacked the trusts appointing of trustees, so yes, that would likely be grounds to have her share revoked. You need to be at that hearing even if you take a bus to affirm your position as trustee that is what has happened.

 

[mohaabtsh40]

Thank you...this is great news...She also contested other things like not giving us "reasonable time as is convenient" to administer the trust. and my other sister has about 20 folders of each thing that she has not complied with from the will and trust, including not using every non intrusive measure possible to avoid probate, and the safety boxes is a huge section of probate law where things get real sticky. But if we can simply show one of those attacks, backed up with the others i think maybe it will be a slam dunk, what is the name of the form, or action or w/e that we need to use to remove her and this petition?