Q: Can Trustee’s council stop representing trustee during dispute Threw beneficiaries attorney?
Trustee responded to my written objection & denial of accounting/fee with disregard and refusal to provide any requested documents, and made final distributions to all beneficiaries except for me as she stopped payment on my check. I hired an attorney and a letter requesting trustee to return the 5% fee as it’s a breach of trust terms that she paid herself more then trust instructs, which is 1%. Trustee council responded that descendent had written in an email she wanted trustee to take 5% and provided said email. The email was fraudulent as I had the original email to prove this. When notified the trustee council, she said she no longer represents trustee. Now how is that proper? Trustee has fraudulently taken $30,000. And refuses to pay my gift..it’s been 8 months since she maid final distributions.
Now she is out having back surgery and refuses to take up issues concerning the trust for 3-4 months..post surgery. How can trustee council stop prior to resolve?
A: The trustee's attorney represents the trustee, and the terms of the attorney's employment are subject to their agreement. In other words, as far as the outside world is concerned, the attorney's employment can end at any time. Things are slightly different if the attorney is attorney of record in a current court case, but there is no indication of such a situation in your question. You would be best advised to immediately re-hire your original attorney, at least for a consultation, to determine your next steps. Do not wait.
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