What to do if my mother died leaving my 2 brothers and I as trustees, however one of them is very uncooperative and will not answer phone calls, etc?

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What to do if my mother died leaving my 2 brothers and I as trustees, however one of them is very uncooperative and will not answer phone calls, etc?

The funds in the Trust account must be distributed but he has expressed in the past that he will not sign off on the release of any funds until some of his personal demands/requests are met. These requests have nothing to do with my deceased mother’s Will. Is there a way to legally remove him as a trustee? What happens if I can’t contact him?

Asked on May 19, 2014 under Estate Planning, California

Answers:

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

Answered 6 years ago | Contributor

I am so sorry for your loss and for the situation. You can file a petition in the probate court to have him comply or to have him removed for breach of his fiduciary duties.  You just have to make sure that he is properly served in compliance with the law.  If he does not respond then it is his problem not yours.  But you need legal help.  Good luck.


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