What to do if my mother died 3 years ago and my oldest brother was left as trustee but he has has not divided assets per the Will?

Also, he has been renting property for personal gain without other involved parties knowledge. He has also has refused to give us access to the property or disclose any financial records involved. We (the other brothers) want to regain control of the property. What can we do to regain control and divide per the Will? The estate is no longer in probate court.

Asked on October 29, 2011 under Estate Planning, Massachusetts


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

Answered 9 years ago | Contributor

I am so sorry for your loss and for the problems that have developed here.  Was your brother also the executor of the Will?  And the Will either established the trust or was a "pour over" will to insure that the assets were in the trust that was previously established at the tie of your Mother's death?  And you all were the beneficiaries of the trust. Okay.  So now you need to challenge him as Trustee.  From the way that you have written the question it appears that the trust remains in effect even though that may not have been your Mother's intention.  So you need to bring ALL the documentation to an attorney to review and then you are going to have to either re-open the probate proceeding or start another proceeding to remove him as trustee and to account for his actions.  You are alleging a breach of fiduciary duty here, on top of many, many other things.  Good luck.

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