court set up snt for father from med malpractice suit there is a successor trustee and they are not abiding prevous court orders. they said everything is void and a start over. court orders do not stop because trustee changed. is that breach of duty
Estate Planning Attorney
If someone is not following a court order and you have an issue with it, you need to hire an attorney and bring this matter to their attention and or go to court to resolve it. Trustees must follow court orders but only you bringing an action would potentially resolve the issue.
This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/
3 lawyers agree
Whether there has been a breach of duty requires a careful look at all the relevant facts. As a general matter, when a court order is not being followed, court action is often needed to bring compliance. However, better compliance can sometimes result from discussion with the trustee and other parties, and use of a non-judicial TEDRA agreement.
This information is intended as general information only, and does not establish an attorney-client relationship. Please seek particular advice from an attorney.
Estate Planning Attorney
If the trustee is not complying with the court's orders, then you need to bring the non-compliance to the court's attention. Consult with a local trust attorney for fact specific direction and guidance.
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