Waynesville, MO asked in Probate for Missouri

Q: I am a beneficiary to a trust. Assets are to be equally split 7 ways between the 7 sibs per the lawyer that set up trust

One of the 7 siblings is the executor/trustee. The executor/trustee is refusing to tell all beneficiaries what the assets are and what debts are owed and what distributions would be due to beneficiaries. She is being very nasty and condescending to the rest of the siblings. We have not been able to see the trust or will, she refuses to allow us to see her copy. She has told siblings that she will make sure they get nothing or that they will have to pay money to get any assets. What rights do the rest of the siblings have as beneficiaries.

Also the house is not listed in the trust but was conveyed by the parent prior to death to all siblings that it was to go to the son, that has always lived in the home. We assume the house will need to be probated. Thousands of dollars in cash, documents and other things were removed from the house by the trustee and taken to her home. If beneficiaries agree the house can be deeded to the son once it enters probate will the court grant that.

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
PREMIUM
Answered
  • Probate Lawyer
  • Knoxville, TN

A: You may want to hire an attorney to sue the Trustee. Breach of Fiduciary Duty, Conversion, and Removal For Cause and an Accounting come to mind as some of the possible causes of actions. After filing suit, request production of several documents including tax returns. The lawyer will also need to examine the Deed, and hopefully prepare a Deed for the siblings to convey to the Son, if that is possible.

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