Q: Advice on summary administration. Two beneficiaries one being the trustee. After 3 years, trustee will not settle case.
I am one of the beneficiaries of my parents estate. The trustee, also a beneficiary is demanding I pay half of the estate admin, litigation and probate fees while he holds onto assets that were to pour into the trust and be divided 50/50. My parents left their house to me not 50/50. Trustee is allowing people to live in the house I am to inherit rent free or collecting rent that should belong to the trust and pocketing it while demanding I pay increasing legal fees. Some of these fees include the ins and taxes on the house that is being lived in for free at the expense of the trust and myself. He will not settle this case until I agree to pay half the fees. I have bank statements where he used money for personal expenses. After 3 years, he will not give me a complete accounting. Asking for copies of checks to compare to the expenses I am being asked to pay and a bill of sale for an asset. Also a car he has decided to keep. My attorney said he did not want to litigate the case.
A: I assume that this trustee is also the personal representative. If you want to go to court to require him to perform his duties properly, you probably should find another attorney, one who is willing to do what needs to be done.
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