Q: I am a beneficiary and successor co-trustee in a family trust. The other trustees are threatening to exclude me;
We are feeding and my sibs insist they can not give me my inheritance, if they choose not to. Can I prevent this?
A: If the trust names you as a co-trustee and beneficiary, then the other trustees cannot exclude you. Trustees are obligated by law to follow the terms of the trust. If trustees ignore the trust and do whatever they so desire, they can be sued for breach of their duties. Tell your siblings that they must do as the trust requires and, if they still refuse to do so, you should hire a lawyer to send a cease and desist letter. If the siblings still refuse to follow the terms of the trust, then you may have no choice but to sue them and have a judge remove them as trustees or order the trustees to do what the trust says they must do.
A: Speak with a local attorney handling trust litigation immediately. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
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