Trustee not abiding court orders form prevous trust

Asked almost 2 years ago - Federal Way, WA

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

Attorney answers (3)

  1. Steven M Zelinger

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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... more
  2. Karl L. Flaccus

    Pro

    Contributor Level 5

    1

    Lawyer agrees

    Answered . 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.... more
  3. Eric Jerome Gold

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . 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.

    ** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client... more

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