Can a trust fund be removed if the trustee refuses to have contact with the beneficiary?

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Can a trust fund be removed if the trustee refuses to have contact with the beneficiary?

My mom died 11 years ago and left her house and land to me. My brother is the trustee but I haven’t heard from him in all these years. I can’t get homeowner’s insurance or my mortgage redone because of the trust fund.

Asked on February 10, 2012 under Estate Planning, South Carolina

Answers:

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 resulted.  It sounds as if the trustee may be breaching his duties by refusing to speak with the bebficiary and may be breaching his duties for filing certain documents, etc.  You must first understad that the terms of the tust will be the first place to look to determine how he is supposed to proceed a trustee.  This, along with the law in your state, is what you need to ascertain.  You can have him removed if he is indeed in breach.  Please seek legal help.  Good luck.


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