What to do regarding a bitter relationship with a Trustee?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do regarding a bitter relationship with a Trustee?
My husband’s sister has stopped speaking to the family after her divorce. It has been over 3 years since we have heard from her. Mom-in-law set up a trust some time ago for my husband and his sister. My concern is that the sister is the executor of this trust now, and his mom said she can give my husband a hard time when my mom in law passes away. I thought having a trust would keep this from happening? Why would she keep a bitter sibling as executor on the trust knowing she will be able to give my husband a hard time? What can he do to protect himself?
Asked on May 19, 2012 under Estate Planning, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Is this a trust set up to go in to effect after your Mother in Law passes away? Has your Mother in Law passed away as of yet? If the answer is no to the last question but yes to the first, and your sister in law has yet to become the trustee,, then you can do nothing until she is appointed. Once that happens she has a fiduciary duty to your husband that the law takes very seriously. You are going to have to be diligent in keeping on top of things and making sure that she carries out her duties properly. I would strongly suggest hiring an attorney to keep tabs. It will be out of your own pocket. 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.