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?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.