Dallas, TX asked in Banking, Civil Litigation, Identity Theft and Estate Planning for Texas

Q: (Texas law)I am disabled physically and my sister had taken over my trust how could i file charges and get my trust back

Halen is the wills name my grandmother left me this. In the will that was probated in 72 it says my estate will be left to (myname) as i was the only child when she died. in the estate it includes around 45k acres of land 5-15 million dollars and in 89 my father was my estate guardian and got kicked off for not paying a trust deed of 600 thousand and it says in the judgment the only way he can access the funds is if its for me and they kicked him as co trustee and beneficiary fast forward 29 years my dad is on his death bed and my sister tells him to sign a will but she switched his original will with one she wrote to be his successor and that all his funds was hers and etc and he signed on death bed but he was supposed to leave halen to me but she put herself as successor of his stuff but in 89 judgement he got kicked from trustee and beneficiary of my trust and in my grandmothers will it states if im 21 and still competent i can claim my trust how could she manage my trust?

1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Business Law Lawyer
  • Frisco, TX
  • Licensed in Texas

A: The settlor of the trust (in this case, your grandmother) chose the trustee and any substitute trustees in the event her first choice (presumably your father) does or is removed for cause. From your question, it sounds like your sister was the first substitute trustee selected by your grandmother.

If you can prove your sister committed serious wrongdoing as the trustee, you can likely have her removed by the court. But, as the beneficiary, you do not get control of the trust assets. The next trustee will be whomever your grandmother designated to be the next in line, or an institutional trustee appointed by the court if we’ve reached the end of trustees named by your grandmother.

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