Q: Estate help with a co trustee
We have a trust and I’m not receiving documentation pertaining to the home
A: Documents filed with the County Recorder are public records, so you could search the county's records to see what, if anything has been filed by the co-trustee. If you end up having too many communication issues with the co-trustee, the trust likely says how to get rid of the trustee who is not fulfilling the trustee's duties. But, before you attack the other co-trustee, you should seek advice from an experienced trust administration attorney as the best way to go about it. Best wishes!
A:
As a co-trustee, you have a legal obligation to oversee and manage the trust assets in accordance with the terms of the trust. This includes ensuring that all beneficiaries receive information and documentation related to the trust assets, including the home.
If you are not receiving documentation related to the home, you may want to speak with the other co-trustee and request that they provide you with the information you need. If the other co-trustee is unwilling or unable to provide you with the information, you may want to consider seeking legal assistance.
You may want to consult with an attorney who specializes in estate planning and trust administration to help you understand your rights and obligations as a co-trustee and to help you navigate any disputes or issues that may arise. The attorney can also review the trust documents to determine your rights and responsibilities as a co-trustee and advise you on how to proceed.
If the other co-trustee is acting inappropriately or breaching their fiduciary duty, the attorney may be able to help you take legal action to protect the trust assets and the interests of the beneficiaries.
It's important to note that as a co-trustee, you have a duty to act in the best interests of the beneficiaries and to ensure that the trust assets are managed properly. If you have concerns about the management of the trust assets or the actions of the other co-trustee, it's important to address these concerns promptly to protect the interests of the beneficiaries and avoid potential legal liability.
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