West Jordan, UT asked in Estate Planning and Probate for Utah

Q: My brother was an international attorney in Guam for 40 years until he recently died on May 29th of this year.

My husband, myself, our 2 daughters, and another person are beneficiaries. The supposed trustee is an unlicensed attorney in Guam who is represented by my brothers former law partner. And that guy says we cannot communicate with the trustee at all, but just go through him (the former law partner of my brother).

This former partner is a former partner because he stole from the law firm they had together.

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2 Lawyer Answers
Kenneth Prigmore
Kenneth Prigmore
Answered
  • Estate Planning Lawyer
  • Spanish Fork, UT
  • Licensed in Utah

A: Great question! Seeing red flags in a situation like this makes one wonder if your assets are safe.

If your case were in Utah, I could tell you that any time a person has questions or concerns about a trustee of a Trust, they can require that the Trust be overseen by a probate judge.

This is likely available in Guam. Your best option is to hire an attorney licensed to practice in Guam who has significant experience in Probates. They can open the probate with the court and then demand an accounting for the Trust. In Utah, they can also require that the representative of the estate obtain a bond as insurance against errors and misdeeds.

As heirs, of the Trust, you have standing to require the accounting in Utah, and it is very likely the same in all other states and Territories of the US.

Wesley Winsor agrees with this answer

Wesley Winsor
PREMIUM
Wesley Winsor
Answered
  • Estate Planning Lawyer
  • Saint George, UT
  • Licensed in Utah

A: I agree with the assessment, but I am not sure what your question is.

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