P
Pix
Guest
What is the name of your state? new york
to try and make a long story short, my husband has for the last 9 years, been taking care of his dad who died about 6 weeks ago. his trust and will dictates that everything is divided equally between his 4 children. his dad’s trust named his sister as trustee and one of his brothers as successor trustee. my husband and another brother are very concerned that they will not be able to impartially handle the trust, and/or in good faith.
the sister is showing extreme partiality to the one brother, who by the way, was estranged from the family for about 8 years and just recently resurfaced. the house was left in the trust and we understand she is responsible for handling matters pertaining to the estate. but one thing she has done that we find unjust is that she is allowing one brother (the one named as successor trustee) to come and go as he pleases to the house (he was recently given a key), but not allowing the other two brothers access unless she is there. she lives in florida and they are never told when she may be there. my husband used to have a key (as he took care of his dad for 9 years before the other brother resurfaced), but she went and had the locks changed. changing the locks is not the problem, but the fact that one brother is allowed to do what he pleases without any supervision is. additionally, this brother also lives out of town, but has often been staying at the house with his children.
also, since his dad’s death, his sister has not told either of the other brothers anything about what is going on. they had to call his dad’s lawyer to even find out if there was a will or trust, and to get copies of same. the only thing they have received is a waiver of process; consent to probate paper to be signed (which they have not yet signed).
big question is, can the present trustees be removed and have someone outside the family appointed to be the trustee? they know it might be costly, but are willing to pay to protect the estate. i have read that most attorneys will probably say it’s a difficult thing to do, but we feel strongly that it may be the right thing to do.
the estate we believe is close to a million dollars. as far as exactly what’s in the trust, we are not sure. we know the deed to the house was changed to the trust, but as far as anything else, when we got the trust from the lawyer, it says to look at schedule a for a list of assets in the trust, but that is blank. my husband’s brother was told that will be available at time of distribution? that doesn’t sound right either.
basically, we want a fair and expeditious handling of the estate and would like an appointed trustee. is this possible?
to try and make a long story short, my husband has for the last 9 years, been taking care of his dad who died about 6 weeks ago. his trust and will dictates that everything is divided equally between his 4 children. his dad’s trust named his sister as trustee and one of his brothers as successor trustee. my husband and another brother are very concerned that they will not be able to impartially handle the trust, and/or in good faith.
the sister is showing extreme partiality to the one brother, who by the way, was estranged from the family for about 8 years and just recently resurfaced. the house was left in the trust and we understand she is responsible for handling matters pertaining to the estate. but one thing she has done that we find unjust is that she is allowing one brother (the one named as successor trustee) to come and go as he pleases to the house (he was recently given a key), but not allowing the other two brothers access unless she is there. she lives in florida and they are never told when she may be there. my husband used to have a key (as he took care of his dad for 9 years before the other brother resurfaced), but she went and had the locks changed. changing the locks is not the problem, but the fact that one brother is allowed to do what he pleases without any supervision is. additionally, this brother also lives out of town, but has often been staying at the house with his children.
also, since his dad’s death, his sister has not told either of the other brothers anything about what is going on. they had to call his dad’s lawyer to even find out if there was a will or trust, and to get copies of same. the only thing they have received is a waiver of process; consent to probate paper to be signed (which they have not yet signed).
big question is, can the present trustees be removed and have someone outside the family appointed to be the trustee? they know it might be costly, but are willing to pay to protect the estate. i have read that most attorneys will probably say it’s a difficult thing to do, but we feel strongly that it may be the right thing to do.
the estate we believe is close to a million dollars. as far as exactly what’s in the trust, we are not sure. we know the deed to the house was changed to the trust, but as far as anything else, when we got the trust from the lawyer, it says to look at schedule a for a list of assets in the trust, but that is blank. my husband’s brother was told that will be available at time of distribution? that doesn’t sound right either.
basically, we want a fair and expeditious handling of the estate and would like an appointed trustee. is this possible?