My father died in 1995 and left a trust for which I am the beneficiary. It names my mother as trustee. In 2014 my mother was declared impaired and in need of a guardian, by a court. The trust states that she can no longer server as trustee if found by a court to be unable to serve. She is still acting as trustee and her lawyer and trust company continue to manage my father's trust. They have refused to give me any information on the finances but I have learned indirectly about high expenses and high commission investments.
I know that I have to sue the trust company to access information. The trust company is located in a Manhattan, Kansas and it is very connected to at least 3 of the 4 judges who would hear the case; one of those judges is still presiding over the guardianship. The guardian, who is also named in the petition, is located in Wakefield, Kansas, in an adjoining county.
The trust company also has offices in other cities in Kansas and one located out of state. Can I file the petition in Topeka or Wichita (where they do not have offices) or Lawrence, Kansas (where they do have an office), or in one of the other cities where they have an office?
You can bring the action in any county, but it is subject to being moved due to improper venue. The county where the guardian is located may be proper venue. Otherwise, the county where the trust company has its registered office is proper venue.
This answer is being provided to assists persons seeking answers to legal questions. It should not be considered advice pursuant to any attorney-client relationship, as no attorney-client relationship is created by this answer.
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