What to do if my brother was named trustee in our late grandmother’s irrevocable Trust and he does not want to give me what my grandmother set up for me?

I was listed in it as a beneficiary.

Asked on March 4, 2015 under Estate Planning, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can sue your brother for breach of trust, have him removed as trustee, and have a successor trustee appointed.  Another alternative is to seek a declaratory judgment from the court ordering your brother (the trustee) to comply with the terms of the Trust and give you what your grandmother had intended in the Trust.

If the Trust includes procedures for removal of the trustee and appointment of a successor trustee, those procedures should be followed.  If the Trust is silent as to removal of the trustee and appointment of a successor trustee, your lawsuit for breach of trust and removal of your brother as trustee can also request that the court appoint a successor trustee.

 


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