What should I do if I suspect the trustee of my late father's trust of dishonesty and neglect of fiduciary duties?

My stepmother is the beneficiary of this trust. I am remainderman. At the death of my stepmother, the trust will fall. My stepmother, who has had dementia for years, made her daughter trustee after my father's death. This stepsister has been uncooperative with me, gives me no info and refuses to return my calls. She intercepts mail and calls for her mother. I know that she has not paid property taxes on real estate in the trust, while she is supposed to do this. She also has taken out credit cards in her mother's name and has run up a debt of $24 K on one of them. I think she is dissipating funds for her pleasure and being remiss in her duties. I want her removed. Please advise me as to what I should do. Thank you!

Annapolis, MD -

Attorney Answers (3)

Mark S Guralnick

Mark S Guralnick

Family Law Attorney - Marlton, NJ
Answered

If you can prove the things you say, then the trustee may be in breach of her fiduciary duties. You should then file an Order to Show Cause and emergency petition to vacate the trustee's appointment. Depending on the nature of the trust instrument, you may also need to file a Complaint in the Circuit Court of Anne Arundel County. We handle such Maryland cases and would be happy to help. Please call 1-866-337-2900. -- Mark S. Guralnick

George E Meng

George E Meng

Estate Planning Attorney - Prince Frederick, MD
Answered

This is a situation where you definitely need the assistance of a lawyer. The law and procedure with this kind of lawsuit is sufficiently complicated that you will likely mess it up on your own. If you haven't already made an appointment with a lawyer for at least a consultation you should do it ASAP.

Theodore W. Robinson

Theodore W. Robinson

Criminal Defense Attorney - Hempstead, NY
Answered

I don't practice in your state, but the advise already given is accurate, correct and sound advice. Sounds to me like that attorney knows what he's doing.

Good luck.

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