What to do if I was included in my mom’s living Trust as a co-executor but my sister (the executor) keeps living me out of important family meetings?

She also left me out of the final payment of my mom’s 401 K. Is there anything that can be done or I should do to stop this from happening?

Asked on September 9, 2014 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Ok I am confused.  Are you co-trustees of the Trust or co-executors under the Will?  And is your Mom still alive (because disbursement of a 401K seems to indicate that she has passed). If you believe that your sister is breaching her fiduciary duty - in which ever capacity it is - then you need to seek help to have her removed and to account for her actions. I think that you should consult with a lawyer.  Good luck.


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