HELP: Co-Trustee and Adult Protective Services Rpt file against co-trustee

[lesliern]

My Brother and I are co-trustees on my father's Trust. We are trying to settle the Trust, however my Brother doesn't want to do any of the work other than approving estimates for work at our Parents home (both have passed on). He has even missed an appt with the Trust atty that he said he would not attend but would be available telephonically. He did not answer his phone when the atty and I called. He as well as my two other siblings don't seem to understand that there is work to be done at the house that only we as children can do (personal items).

Due to the fact that he harrasses me via the internet and phone and I have a Mandated Report for Psychological as well as Financial Intent on my Dad against him and one of my sisters do I have grounds to have him removed as co-trustee???

 

[Michael Wechsler]

I can't tell you whether you have sufficient grounds for his removal as a trustee to the trust. One issue with a trust attorney will probably not result in his being tossed and I'm sure there are two sides to the story. If there are issues surrounding his ability to be a fiduciary and act properly, then you may have grounds for his removal as a trustee. It will depend upon the specific facts of the case and whether they rise to an appropriate level.