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Can a motion to object to a claim of personal property of a probate being a asset of a marriage. When in fact that's a lie: There is a car that belonged to my parents before they was together. They did get devoured and she still clawing it as hers

Asked 7 months ago in Probate

Bryan’s answer: Whether or not something is a lie is a determination made by the judge (presumably the trier of fact) during the probate court proceedings. If you disagree with someone's allegations, it is up to you to convince the judge otherwise. There are many procedural and substantive/evidentiary ways to accomplish this, but that is beyond the scope of what can be conveyed here.

Answered 7 months ago.


How do I demonstrate that someone is "unwilling" to serve as Trustee of a Trust? : Standard language appointing a Trustee says that they shall serve as Trustee unless they are "unable or unwilling" to serve. If the Trustee is not legally incapaciated, so they are "able", but they do not wish to serve as Trustee and they would like their successor trustee to take control, how do you demonstrate that they are "unwilling"?

They are able, but unwilling. How do you demonstrate they are "unwilling" so the successor Trustee may step in?

Asked 7 months ago in Trusts

Bryan’s answer: First, look at the terms of the trust regarding acceptance and resignation. Second, as other commenters have stated, a nominated or currently-serving trustee may resign (as a statutory right), which will typically be accomplished by the individual signing a resignation or declination to serve. Finally, not acting within a reasonable amount of time may be deemed a waiver of the nomination. Enforcing this will likely require a court order, though, so third parties have some determination as to this fact.

Answered 7 months ago.


Attorney "required" to quit if family members don't agree in the next 45 min about something we have never discussed?: I am the administrator of a cousin's estate in dispute over the ownership of the decedent's residence with an alleged living trust. The property is up for sale and gotten good offers. My attorney is pushing me to accept an offer. I think we should counter and not accept anyone's first offer and also because my bargaining position vis a vis settlement is stronger before accepting an offer. The attorney wrangled fee agreements with two other family members, one of whom she controls. The attorney threatens to quit if the three of us can't agree by 10 am this morning, citing her obligation under code of conduct. Since others are not administrators I have never discussed this with them. Ironic that she seeks the cloak of professional conduct when she is anything but. Any thoughts?

Asked over 2 years ago in Probate

Bryan’s answer: Whether or not the attorney has violated any rules of professional conduct, if you don't trust your attorney's advice then you should get s new attorney.

In a trust context, there are many ways to compete the administration of the estate, even if the beneficiaries do not agree with the trustee. It is important to consider all these options and the pros and cons of each. You should likely consult with an experienced trust and estate litigator prior to accepting a settlement that you are not comfortable with.

Answered over 2 years ago.