I have a question about what I can do at this point about my grandmothers estate and what are my options.

Question

My grandmother passed in Feb 2022. She left my sister to be the trustee. She has been irresponsible with the accounts. She also took my grandmother into the estate lawyers office on 2017 when the will was changed. This is the same time gma had signs of dementia. There is no documentation from doctors until months later, but she was starting to lose control cognitively. My grandmother was closest to me and told me about hidden money in case My sister were to spend it(which she did). She (my sister)used the joint account (that she never put money into) and paid for her bills. Never was there an agreement that she was allowed to do this.  She also went straight back into drugs the second my grandma passed.  
She is now claiming it’s too much for her and wants to use the estate money to leave it to the courts, rather than go down the line and have the next person my grandmother named take over. I also feel the lawyer pushed for the “lifetime annuity” and got a “kick back”, as I’m 36.

James L. Arrasmith · Answer

If you believe that your sister, as the trustee of your grandmother's estate, has been acting irresponsibly and not in the best interest of the estate, you may have legal options to address the situation. 
 
First, you may want to consult with a licensed attorney who can review the documentation related to the estate and advise you on your rights and options. They can help you determine whether there is a basis for challenging your sister's actions, such as breaching her fiduciary duty or mismanaging the assets of the estate. 
 
If your sister is unwilling or unable to fulfill her duties as trustee, you may also have the option to petition the court to remove her and appoint a new trustee. This can be a complicated legal process, and it is important to have the guidance of an experienced attorney who can assist you in navigating the court system. 
 
Regarding the allegations of the lawyer receiving a "kick back," if you believe that there was unethical or illegal conduct on the part of the lawyer, you may want to report this to the appropriate legal authorities or regulatory agencies. Your attorney can advise you on the specific legal options available to you in this regard. 
 
Overall, it is important to gather all relevant documentation and evidence related to the estate, and seek the advice of a licensed attorney who can guide you through the legal process and protect your interests.

Julie King · Answer

It sounds like your sister is breaching her duties as trustee and is likely unfit to serve as trustee if she is on drugs, as you said. Trustees are legally required to follow the terms of the trust EVEN IF the trustee believes the person who passed wanted something different. Your sister definitely should not be using the trust's money on herself unless she has kept records and can show that the money was payment for trustee services -- assuming she kept any records of the time she spent as trustee. 
 
Start by asking your sister if she will voluntarily resign.  [The resignation must be in writing and signed by her.]  If she does resign, you can check the trust document, which should state the name of the next back up trustee (called a "successor trustee") in line. That person will be up to bat once your sister resigns. Unfortunately, if your sister does not resign, you may need to hire an attorney or figure out on your own how to get a judge to remove your sister. It is a complicated process, so you would be better off hiring an attorney. Sorry about that!  Best wishes.

Q: I have a question about what I can do at this point about my grandmothers estate and what are my options.