Prattville, AL asked in Real Estate Law and Probate for Alabama

Q: My father's will left his property in a trust with my brother as trustee. Three sons, two daughters. I filed a document

I filed a document giving away my rights to his estate. I discovered I am second trustee. My brother wants to resign and leave me to settle estate. Very bad blood in my family. Are my son's heirs. Can I be trustee. My brothers want to give me their shares. Sister is very angry and difficult with everyone. I get along with everyone. My deepest desire is to keep property in family for future heirs. Two have no heirs.

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1 Lawyer Answer
Jack T. Carney
Jack T. Carney
Answered
  • Probate Lawyer
  • Birmingham, AL
  • Licensed in Alabama

A: Unfortunately there is not enough information to provide a specific answer and given all of the documents, actions and complexities, you would probably be best served by seeking the consultation of an attorney in your area. For example, whether your children are heirs to the share you refused (or disclaimed) depends on the specific wording of the trust itself and the document you signed to refuse your share. In order to give you an answer you could rely upon, someone would need to review those documents for you. The answer is the same regarding your ability to serve as Trustee. It may be possible, but it depends on what you originally signed. I hope this general answer helps point you in the right direction. Good luck.

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