Q: I have a non compliant trustee my sister's will .what should be done
She died 4/96 still hasn't been probated in ok. Where mineral rights are.
A: At this point the best approach is to contact a probate attorney to discuss your case and potential claims against the trustee. As an aside, it is beyond strange that the estate has not been probated for such a long time (unless complex litigation with appeal occurred with the estate). Make sure to contact an attorney in the state and county where the person died.
A: As noted, the answer depends on many undisclosed facts. You need to get the will and the trust and then consult with a lawyer. If you are a beneficiary of the trust, you should demand an accounting of all trust payments and income. You might also consider a suit for breach of fiduciary duty, depending on the facts. If the trustee is also a beneficiary, that can cause lots of problems that will take a lot of work to unwind. Finally, if the will was probated in Colorado but not Oklahoma, you may be able to conduct an "ancillary probate" in Oklahoma. It is unclear if this will benefit you since you say there is a trust. Regardless, more facts are needed in order to fully answer your question accurately. And, you need a lawyer if you want to pursue this.
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