• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Trustee Dispute

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

NutterButter2

Junior Member
What is the name of your state (only U.S. law)? MA
My mother is a co-trustee w/ my aunt; however, my cousin has basically been acting as her "agent" for a few years now. Unfortunately, he has only HIS best interests in mind and has caused numerous issues. His newest attempt is to force my mother to sign a document that basically relinquishes the majority of her rights as trustee; establishes himself (along w/ another cousin) as "successor trustees" should my aunt die; authorizes the trust to take a loan from yet another cousin; and puts all authority for the sale of the property in the hands of my aunt (which means his hands). He has been trying to acquire the property for himself for a decade and a half now, and i see this as another attempt to do so. (Not that i care if he purchases the property, but he is trying to do so for nothing). If she doesn't sign, he has threatened to take her to court to have her legally removed as trustee. He removed $5000 from the trust account to pay for the attorney to do this and has stated my mom can't use trust money to pay for her attorney. (All of this was done in the name of my Aunt). This doesn't sound legal to me. To be honest, we have not had any direct contact with my aunt for a couple of years and I wonder if she is even aware of his actions or even mentally sound. This is far more convaluted, but i don't want to over-share at this point. Any advice would be welcome.What is the name of your state (only U.S. law)?
 


curb1

Senior Member
You said, "My mother is a co-trustee w/ my aunt". Co-trustee of what? What is the value of the trust? Who are the beneficiaries? Do you have a copy of the trust?

Cousin does seem to be a problem. How could he remove anything from the trust to do anything without the approval of Aunt and your mother?

Give us more information.
 

tranquility

Senior Member
A trustee can certainly use an agent. The trustee is still responsible for any breach of fiduciary duty.

Lots of problems in the narrative, but I'm not going through each one as some problems get to the powers and some to the duties.

Like curb1, I'd like to see the trust and find out more, but the end result is that you should see an attorney who will guide you.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top