Using estate funds to challenge validity of modification of irrevocable trust????

Asked about 1 year ago - Geneva, OH

Mother modified trust to remove sister as a co trustee with my brother( who is also executor of estate) and add me as co trustee of irrevocable trust. Mother died, executor of estate brother fails to recognize me as a co trustee and is using estate funds to challenge validity of trust modification that had been executed. What is my recourse??

Attorney answers (3)

  1. Charles Lawrence Huddleston III

    Pro

    Contributor Level 16

    1

    Lawyer agrees

    Answered . This is a tough issue. Lots of trust money gets wasted on fights between trustees and beneficiaries. I assume your brother is claiming either (a) that your mother was incompetent when she made the change or (b) that she was under your undue influence.

    This type of situation cannot be handled online. It will require a face-to-face meeting between you and an expert trusts and estates attorney. You need to schedule an appointment (usually at little or no charge) with such a specialist as soon as possible.

    Mr. Huddleston is an Ohio-Certified Specialist in Estate Planning, Trust & Probate Law, with offices in Columbus... more
  2. Justin Jay Watling

    Contributor Level 15

    1

    Lawyer agrees

    Answered . It sounds like a court action has been filed by your brother. You should have been served with the Summons and Complaint. If so, you have a very limited time to respond, usually 28 days. So follow Mr. Huddleston's advice and obtain counsel IMMEDIATELY.

  3. John P Corrigan

    Contributor Level 19

    1

    Lawyer agrees

    Answered . Not enough known facts to work with but I would say that Brother Executor (former co-trustee) may have a real conflict of interest pressing the issue unless he has solid evidence to believe that Mother's change (to you) was not beneficial to the Estate (and its beneficiaries). You need to sit down with a Probate attorney who can review the documents and the factual history to see best way to go. If you believe Brother is wasting estate assets and breaching his fiduciary duties then you can file a Petition to have the Judge issue an order prohibiting him from using estate funds to pursue his vendetta.....this may be a good tactical move to force him to settle or otherwise use his on monies to pursue what he believes to be something that needs to be redressed.

    This is not intended to be giving legal advice and this topic can be a complex area where the advice of an... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,286 answers this week

2,999 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,286 answers this week

2,999 attorneys answering