Court removed Trustee!

[ksajb]

What is the name of your state? MI

We've been involved in a battle for several years with my brother (Trustee) because of his lack of fiduciary responsibilty with my parent's irrevocable trust. An emergency petition to the court has finally resulted in the Trustee's removal as of two days ago. I have been appointed Successor Trustee but really need some advice, please.

As ex-Trustee, my brother has to provide a full accounting of the Trust to the court by the end of the month. What if he chooses not to provide that accounting? What if the accounting isn't complete? Will we ever be able to find out what was actually in the trust?

As part of this whole process, my brother also has to appear in court next month. What is the purpose of that? The atty doubts that he'll show up because he never responded to the original petition to remove him.

I know there are several accounts in which funds from the estate are being held but only know the name of one of them. I'm being provided with a certified letter of removal that will also state that I am Successor Trustee as of (date). How will I ever find out the names of the banks involved so that no more funds can be used by my brother? Does the court take care of that type of leg work?

I'm starting out without a clue as to what was in the estate since there has never been an accounting to the beneficiaries since the Trust became available in 2002. Can anyone out there give me a few pointers as to what I can do while waiting to receive all the Trust documents? We've got unpaid property taxes, lapsed insurance, probate issues, etc. None of this has been taken care of by the ex-trustee. HELP!

Thanks!

 

[seniorjudge]

Keep all your questions in your original thread:

https://forum.freeadvice.com/showthread.php?t=333048

 

[ksajb]

That would be a super idea, seniorjudge, if the questions I'm asking today were actually the same ones posted in the original thread. Then I'd have the answers and not have to bother posting again.

Can anybody else think of some constructive ideas or actual answers?

 

[Dandy Don]

Hire a local trust attorney to pose your questions to--you are eventually going to need one for consultation anyway.

You are asking a bunch of "what if's" that might not actually happen--get the accounting first and go from there. You or your attorney needs to also ask him to provide copies of bank statements to verify whatever amounts he shows on the accounting and needs to be asked if he or anyone else has prepared any tax returns for the trust.

Did he post a trustee's bond or does the trust exempt him from doing so? Are all assets in the trust or is there also a will being probated?

DANDY DON IN OKLAHOMA ([email protected])

 

[moburkes]

That would be a super idea, seniorjudge, if the questions I'm asking today were actually the same ones posted in the original thread. Then I'd have the answers and not have to bother posting again.

Can anybody else think of some constructive ideas or actual answers?

You are rude. No one said that you need to keep the SAME questions in the thread. He said to simply keep ALL of your questions in your original threads. You don't start a new thread for each additional question. No one has to go look through your post history in order to get background information. Its just common freaking courtesy, of which you have none.

 

[ksajb]

Thank you, Dandy Don. I really appreciate you addressing my questions. I'll check into the issues you've raised now that I have some insight.

Finally! Some answers I can use!

My apologies to Seniorjudge. I guess next time I'll remember to bump the original thread.

Moburkes? I can't find a single thread in which you've played, 'nice'. It appears to me like you keep waking up on the 'wrong side of the rock'.

 

[BlondiePB]

Oh, brother....

Moburkes? I can't find a single thread in which you've played, 'nice'.

You obviously haven't looked.

 

[moburkes]

Thank you, Dandy Don. I really appreciate you addressing my questions. I'll check into the issues you've raised now that I have some insight.

Finally! Some answers I can use!

My apologies to Seniorjudge. I guess next time I'll remember to bump the original thread.

Moburkes? I can't find a single thread in which you've played, 'nice'. It appears to me like you keep waking up on the 'wrong side of the rock'.

Huh? Where do you see in the terms & conditions a requirement for "nice"? The information I gave is accurate. I'm not here to make friends. I spend my time giving free legal information, looking up references for people who are too lazy to do it themselves, or don't know where to begin. But, I never read anything about nice in Mary's terms & conditions.

If you feel that it makes more sense for someone to have to dig through your old posts in order to get background information, then you can certainly think that, although it would be incorrect. If you don't like the tone of someone responding, then you don't have to respond. Better yet, you can go someplace else to get your information. How's that? Or, you can start your own "nice" forum, where everyone is nice, but everyone doesn't give accurate information. Obviously, its your choice.

 

[BlondiePB]

Huh? Where do you see in the terms & conditions a requirement for "nice"? The information I gave is accurate. I'm not here to make friends. I spend my time giving free legal information, looking up references for people who are too lazy to do it themselves, or don't know where to begin. But, I never read anything about nice in Mary's terms & conditions.

If you feel that it makes more sense for someone to have to dig through your old posts in order to get background information, then you can certainly think that, although it would be incorrect. If you don't like the tone of someone responding, then you don't have to respond. Better yet, you can go someplace else to get your information. How's that? Or, you can start your own "nice" forum, where everyone is nice, but everyone doesn't give accurate information. Obviously, its your choice.

And, the OP can open his wallet and pay for legal advice.

 

[ksajb]

Why so defensive? I got your point about sticking with the original post. Complying won't be a problem.

I respect and appreciate the fact that you or anyone else here voluntarily chooses to take the time to give advice. It's a bit distracting, however, when the name-calling and mudslinging starts. When that starts, I have a hard time taking your advice to anyone seriously.

No, moburkes, you don't have to be nice and I don't find anyone on this forum looking for a friend, but you waste a lot of time posting nonsense like this when you could actually be helping someone else. I find it silly that you get offended when someone else is rude.

I have to admit, though, it makes for some interesting reading - especially when the people giving advice start bashing eachother!

PS Do my posts really sound masculine?