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Is it possible for one sibling to cancel, change, or "take over" an irrevocable nongrantor trust w/o consent of the others?
California
Viewed 52 times.
Posted 4 months ago in Trusts
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My great-grandfather set up an irrevocable non-grantor trust for the benefit of my mother, me (25), and my four younger siblings. There is no money in the trust only land and a couple cars. My younger brother (22) claims he has a lawyer and is going to take full possession of the trust because my mother and the rest of us aren't taking care of the property (a.k.a. we aren't doing things his way). Today he told my mother he has "papers" for her. I'm afraid he will try and kick my mother and my younger sisters off the property and sell it. I do not agree with any of this and don't think he is capable/competent enough to "take over" trust.
Is it even possible? If yes, what steps can I take to prevent it?
Additional information
Thanks for the info, it is reassuring. The papers my brother gave my mom are copied and pasted sections from the original trust document (Parts he thinks help his case) I asked him to send me a copy or give me the contact info for the place he got it but he has refused. Basically he said it's non of my business where he got it and that mom has a copy but is lying and saying she doesn't. (Her copy was confiscated by the court house years ago and we think he got it through my dad's connections at the court house). He said I'm welcome to call him and he will read me the parts i want to hear or to go by his house and look over it (but i live 16hrs away). Can he legally refuse to send me a copy and/or not tell me where he got it, so i can get my own copy? Answers (3)Kenneth Lewis Swenson
This attorney is licensed in California.
Posted 4 months ago.
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Your brother may file a court petition to have the current trustee removed and have another trustee including himself appointed. The trustee and the beneficiaries are entitled to notice and an opportunity to be heard before the change can be made. If you are a beneficiary of the trust, you may serve and file an objection to the petition, and appear at the hearing to oppose it. You should consult with an attorney to discuss the particulars of your matter and for any specific legal advice.
Steve Fromm
This attorney is licensed in Pennsylvania.
Posted 4 months ago.
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First, the document is irrevocable, meaning that no one can change it. Second, who is the trustee and are they acting without due care and diligence. At best, he could attempt to remove the trustee for cause or malfeasance, but based on what you state there does not seem to be any bad behavior. Additionally, generally, these are tough cases to prove.
He is not in a position of strength. However, you should immediately hire an experienced estate planning/litigation attorney to discuss this matter in more detail and review any "papers" you get from him. From what you have stated, you are still in the drivers seat, but fight fire with fire-if he has an attorney, well, you get yourself an attorney, and by all means get a better one than he has! LEGAL DISCLAIMER Mr. Fromm is licensed to practice law in PA. The response herein is not legal advice and does not create an attorney/ client relationship. The response is only in the form of legal education and is intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency. Henry Daniel Lively
This attorney is licensed in California.
Posted 4 months ago.
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I agree with the other attorneys. Unless the trustees are not doing their jobs, are self-dealing, or breaching some other duty, I don't see what his problem is.
Any individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency. |